                                 CODE OF VIRGINIA

DOCKETS, INDICES, AND ORDER BOOKS; WHEN HEARINGS AND RECORDS PRIVATE; RIGHT TO
PUBLIC HEARING; PRESENCE OF JUVENILE IN COURT (§ 16.1-302)

A. Every juvenile court shall keep a separate docket of cases arising under this
law.

B. Every circuit court shall keep a separate docket, index, and, for entry of
its orders, a separate order book or file for cases on appeal from the juvenile
court except (i) cases involving support pursuant to &#xA7; 20-61 or subdivision
A 3 or subsection F or L of &#xA7; 16.1-241; (ii) cases involving criminal
offenses committed by adults which are commenced on a warrant or a summons as
described in Title 19.2; and (iii) cases involving civil commitments of adults
pursuant to Title 37.2. Such cases shall be docketed on the appropriate docket
and the orders in such cases shall be entered in the appropriate order book as
used with similar cases commenced in circuit court. In any child or spousal
support case appealed to the circuit court, the case files shall be open for
inspection only as provided by &#xA7; 16.1-305.01.

C. The general public shall be excluded from all juvenile court hearings and
only such persons admitted as the judge shall deem proper. However, proceedings
in cases involving an adult charged with a crime and hearings held on a petition
or warrant alleging that a juvenile fourteen years of age or older committed an
offense which would be a felony if committed by an adult shall be open. Subject
to the provisions of subsection D for good cause shown, the court may, sua
sponte or on motion of the accused or the attorney for the Commonwealth close
the proceedings. If the proceedings are closed, the court shall state in writing
its reasons and the statement shall be made a part of the public record.

D. In any hearing held for the purpose of adjudicating an alleged violation of
any criminal law, or law defining a traffic infraction, the juvenile or adult so
charged shall have a right to be present and shall have the right to a public
hearing unless expressly waived by such person. The chief judge may provide by
rule that any juvenile licensed to operate a motor vehicle who has been charged
with a traffic infraction may waive court appearance and admit to the infraction
or infractions charged if he or she and a parent, legal guardian, or person
standing in loco parentis to the juvenile appear in person at the court or
before a magistrate or sign and either mail or deliver to the court or
magistrate a written form of appearance, plea and waiver, provided that the
written form contains the notarized signature of the parent, legal guardian, or
person standing in loco parentis to the juvenile. An emancipated juvenile
charged with a traffic infraction shall have the opportunity to waive court
appearance and admit to the infraction or infractions if he or she appears in
person at the court or before a magistrate or signs and either mails or delivers
to the court or magistrate a written form of appearance, plea, and waiver,
provided that the written plea form containing the signature of the emancipated
juvenile is accompanied by a notarized sworn statement which details the facts
supporting the claim of emancipated status. Whenever the sole purpose of a
proceeding is to determine the custody of a child of tender years, the presence
of such juvenile in court may be waived by the judge at any stage thereof.

HISTORY: Code 1950, § 16.1-162; 1956, c. 555; 1958, c. 353; 1971, Ex. Sess., c.
228; 1975, c. 334; 1977, cc. 559, 585; 1978, c. 605; 1979, c. 393; 1983, c. 293;
1996, cc. 755, 914; 2018, c. 18.