                                 CODE OF VIRGINIA

JURISDICTION OF APPEALS; PROCEDURE (§ 16.1-296)

A. From any final order or judgment of the juvenile court affecting the rights
or interests of any person coming within its jurisdiction, an appeal may be
taken to the circuit court within 10 days from the entry of a final judgment,
order, or conviction and shall be heard de novo. In any such case, a copy of the
notice of appeal shall be served consistent with Rule 1:12 of the Rules of
Supreme Court of Virginia by the appealing party upon the opposing party or each
counsel of record. The failure of the appealing party to properly serve the
notice of appeal shall not affect the validity of an otherwise proper appeal.
However, if the court determines that the appealing party failed to properly
serve a copy of the notice of appeal upon an opposing party, the court may, on
its own motion, (i) continue any hearing on such appeal or (ii) dismiss such
appeal absent a showing of good cause by the appealing party.

A1. In a case arising under the Uniform Interstate Family Support Act (&#xA7;
20-88.32 et seq.), a party may take an appeal pursuant to this section within 30
days from entry of a final order or judgment. Protective orders issued pursuant
to &#xA7; 16.1-279.1 in cases of family abuse and orders entered pursuant to
&#xA7; 16.1-278.2 are final orders from which an appeal may be taken.

B. Upon receipt of notice of such appeal the juvenile court shall forthwith
transmit to the attorney for the Commonwealth a report incorporating the results
of any investigation conducted pursuant to &#xA7; 16.1-273, which shall be
confidential in nature and made available only to the court and the attorney for
the defendant (i) after the guilt or innocence of the accused has been
determined or (ii) after the court has made its findings on the issues subject
to appeal. After final determination of the case, the report and all copies
thereof shall be forthwith returned to such juvenile court.

C. Where an appeal is taken by a child on a finding that he or she is delinquent
and on a disposition pursuant to &#xA7; 16.1-278.8, trial by jury on the issue
of guilt or innocence of the alleged delinquent act may be had on motion of the
child, the attorney for the Commonwealth or the circuit court judge. If the
alleged delinquent act is one which, if committed by an adult, would constitute
a felony, the child shall be entitled to a jury of 12 persons. In all other
cases, the jury shall consist of seven persons. If the jury in such a trial
finds the child guilty, disposition shall be by the judge pursuant to the
provisions of &#xA7; 16.1-278.8 after taking into consideration the report of
any investigation made pursuant to &#xA7; 16.1-237 or 16.1-273.

C1. In any hearing held upon an appeal taken by a child on a finding that he is
delinquent and on a disposition pursuant to &#xA7; 16.1-278.8, the provisions of
&#xA7; 16.1-302 shall apply mutatis mutandis, except in the case of trial by
jury which shall be open. If proceedings in the circuit court are closed
pursuant to this subsection, any records or portions thereof relating to such
closed proceedings shall remain confidential.

C2. Where an appeal is taken by a juvenile on a finding that he is delinquent
and on a disposition pursuant to &#xA7; 16.1-278.8 and the juvenile is in a
secure facility pending the appeal, the circuit court, when practicable, shall
hold a hearing on the merits of the case within 45 days of the filing of the
appeal. Upon receipt of the notice of appeal from the juvenile court, the
circuit court shall provide a copy of the order and a copy of the notice of
appeal to the attorney for the Commonwealth within seven days after receipt of
notice of an appeal. The time limitations shall be tolled during any period in
which the juvenile has escaped from custody. A juvenile held continuously in
secure detention shall be released from confinement if there is no hearing on
the merits of his case within 45 days of the filing of the appeal. The circuit
court may extend the time limitations for a reasonable period of time based upon
good cause shown, provided the basis for such extension is recorded in writing
and filed among the papers of the proceedings.

D. When an appeal is taken in a case involving termination of parental rights
brought under &#xA7; 16.1-283, the circuit court shall hold a hearing on the
merits of the case within 90 days of the perfecting of the appeal. An appeal of
the case to the Court of Appeals shall take precedence on the docket of the
Court.

E. Where an appeal is taken by an adult on a finding of guilty of an offense
within the jurisdiction of the juvenile and domestic relations district court,
the appeal shall be dealt with in all respects as is an appeal from a general
district court pursuant to &#xA7;&#xA7; 16.1-132 through 16.1-137; however,
where an appeal is taken by any person on a charge of nonsupport, the procedure
shall be as is provided for appeals in prosecutions under Chapter 5 (&#xA7;
20-61 et seq.) of Title 20.

F. In all other cases on appeal, proceedings in the circuit court shall be heard
without a jury; however, hearing of an issue by an advisory jury may be allowed,
in the discretion of the judge, upon the motion of any party. An appeal from an
order of protection issued pursuant to &#xA7; 16.1-279.1 shall be given
precedence on the docket of the court over other civil appeals taken to the
circuit court from the district courts and shall be assigned a case number
within two business days of receipt of such appeal.
			If a party files an appeal of a district court order of protection entered
pursuant to &#xA7; 16.1-279.1, such notice of appeal shall be on a form
prescribed by the Office of the Executive Secretary. The district court clerk
shall contact the appellate court to determine whether the hearing on the appeal
shall be set by the appellate court on (i) a date scheduled by the district
court clerk with the court, (ii) on the next docket call date, or (iii) a date
set for district court appeals. Once the hearing date is set and the appeal
documents have been transmitted, the appellate court shall have the parties
served with notice of the appeal stating the date and time of the hearing in
accordance with subdivision 1 of &#xA7; 8.01-296. No such hearing on the appeal
shall be heard in the appellate court unless the appellee has been so served
with such notice or notice has been waived by the non-moving party.

G. Costs, taxes and fees on appealed cases shall be assessed only in those cases
in which a trial fee could have been assessed in the juvenile and domestic
relations court and shall be collected in the circuit court, except that the
appeal to circuit court of any case in which a fee either was or could have been
assessed pursuant to &#xA7; 16.1-69.48:5 shall also be in accordance with &#xA7;
16.1-296.2.

H. No appeal bond shall be required of a party appealing from an order of a
juvenile and domestic relations district court except for that portion of any
order or judgment establishing a support arrearage or suspending payment of
support during pendency of an appeal. In cases involving support, no appeal
shall be allowed until the party applying for the same or someone for him gives
bond, in an amount and with sufficient surety approved by the judge or by his
clerk if there is one, to abide by such judgment as may be rendered on appeal if
the appeal is perfected or, if not perfected, then to satisfy the judgment of
the court in which it was rendered. Upon appeal from a conviction for failure to
support or from a finding of civil or criminal contempt involving a failure to
support, the juvenile and domestic relations district court may require the
party applying for the appeal or someone for him to give bond, with or without
surety, to insure his appearance and may also require bond in an amount and with
sufficient surety to secure the payment of prospective support accruing during
the pendency of the appeal. An appeal will not be perfected unless such appeal
bond as may be required is filed within 30 days from the entry of the final
judgment or order. However, no appeal bond shall be required of the Commonwealth
or when an appeal is proper to protect the estate of a decedent, an infant, a
convict or an insane person, or the interest of a county, city or town.
			If bond is furnished by or on behalf of any party against whom judgment has
been rendered for money, the bond shall be conditioned for the performance and
satisfaction of such judgment or order as may be entered against the party on
appeal, and for the payment of all damages which may be awarded against him in
the appellate court. If the appeal is by a party against whom there is no
recovery, the bond shall be conditioned for the payment of any damages as may be
awarded against him on the appeal. The provisions of &#xA7; 16.1-109 shall apply
to bonds required pursuant to this subsection.
			This subsection shall not apply to release on bail pursuant to other
subsections of this section or &#xA7; 16.1-298.

I. In all cases on appeal, the circuit court in the disposition of such cases
shall have all the powers and authority granted by the chapter to the juvenile
and domestic relations district court. Unless otherwise specifically provided by
this Code, the circuit court judge shall have the authority to appoint counsel
for the parties and compensate such counsel in accordance with the provisions of
Article 6 (&#xA7; 16.1-266 et seq.) of this chapter.

J. In any case which has been referred or transferred from a circuit court to a
juvenile court and an appeal is taken from an order or judgment of the juvenile
court, the appeal shall be taken to the circuit court in the same locality as
the juvenile court to which the case had been referred or transferred.

HISTORY: Code 1950, § 16.1-214; 1956, c. 555; 1966, c. 237; 1977, c. 559; 1978,
c. 445; 1981, c. 109; 1982, c. 465; 1983, c. 88; 1984, c. 631; 1986, cc. 143,
465; 1989, c. 473; 1991, c. 534; 1993, c. 970; 1994, c. 673; 1995, c. 517; 1996,
c. 866; 1997, cc. 654, 664, 790, 862; 1998, c. 550; 2004, cc. 468, 659, 727;
2005, c. 681; 2007, c. 464; 2009, c. 729; 2019, c. 718; 2020, c. 905; 2023, c.
788.