                                 CODE OF VIRGINIA

PARENTAL ADMISSION OF MINORS YOUNGER THAN 14 AND NONOBJECTING MINORS 14 YEARS OF
AGE OR OLDER (§ 16.1-338)

A. A minor younger than 14 years of age may be admitted to a willing mental
health facility for inpatient treatment related to mental illness, which may
include substance abuse as described in &#xA7; 16.1-336, upon application and
with the consent of a parent. A minor 14 years of age or older may be admitted
to a willing mental health facility for inpatient treatment related to mental
illness, which may include substance abuse as described in &#xA7; 16.1-336, upon
the joint application and consent of the minor and the minor&#8217;s parent.

B. Admission of a minor under this section shall be approved by a qualified
evaluator who has conducted a personal examination of the minor within 48 hours
after admission and has made the following written findings:

   1. The minor appears to have a mental illness, which may include substance
   abuse as described in &#xA7; 16.1-336, serious enough to warrant inpatient
   treatment and is reasonably likely to benefit from the treatment; and

   2. The minor has been provided with a clinically appropriate explanation of
   the nature and purpose of the treatment; and

   3. If the minor is 14 years of age or older, that he has been provided with an
   explanation of his rights under this Act as they would apply if he were to
   object to admission, and that he has consented to admission; and

   4. All available modalities of treatment less restrictive than inpatient
   treatment have been considered and no less restrictive alternative is
   available that would offer comparable benefits to the minor.
   				If admission is sought to a state hospital, the community services board
   serving the area in which the minor resides shall provide, in lieu of the
   examination required by this section, a preadmission screening report
   conducted by an employee or designee of the community services board and shall
   ensure that the necessary written findings have been made before approving the
   admission. A copy of the written findings of the evaluation or preadmission
   screening report required by this section shall be provided to the consenting
   parent and the parent shall have the opportunity to discuss the findings with
   the qualified evaluator or employee or designee of the community services
   board.

C. Within 10 days after the admission of a minor under this section, the
director of the facility or the director&#8217;s designee shall ensure that an
individualized plan of treatment has been prepared by the provider responsible
for the minor&#8217;s treatment and has been explained to the parent consenting
to the admission and to the minor. The minor shall be involved in the
preparation of the plan to the maximum feasible extent consistent with his
ability to understand and participate, and the minor&#8217;s family shall be
involved to the maximum extent consistent with the minor&#8217;s treatment
needs. The plan shall include a preliminary plan for placement and aftercare
upon completion of inpatient treatment and shall include specific behavioral and
emotional goals against which the success of treatment may be measured. A copy
of the plan shall be provided to the minor and to his parents.

D. If the parent who consented to a minor&#8217;s admission under this section
revokes his consent at any time, or if a minor 14 or older objects at any time
to further treatment, the minor shall be discharged within 48 hours to the
custody of such consenting parent unless the minor&#8217;s continued
hospitalization is authorized pursuant to &#xA7; 16.1-339, 16.1-340.1, or
16.1-345. If the 48-hour time period expires on a Saturday, Sunday, legal
holiday or day on which the court is lawfully closed, the 48 hours shall extend
to the next day that is not a Saturday, Sunday, legal holiday or day on which
the court is lawfully closed. If a minor 14 or older objects to further
treatment, the mental health facility shall (i) immediately notify the
consenting parent of the minor&#8217;s objections and (ii) provide to the
consenting parent a summary, prepared by the Office of the Attorney General, of
the procedures for requesting continued treatment of the minor pursuant to
&#xA7; 16.1-339, 16.1-340.1, or 16.1-345.

E. Inpatient treatment of a minor hospitalized under this section may not exceed
90 consecutive days unless it has been authorized by appropriate hospital
medical personnel, based upon their written findings that the criteria set forth
in subsection B of this section continue to be met, after such persons have
examined the minor and interviewed the consenting parent and reviewed reports
submitted by members of the facility staff familiar with the minor&#8217;s
condition.

F. Any minor admitted under this section while younger than 14 and his
consenting parent shall be informed orally and in writing by the director of the
facility for inpatient treatment within 10 days of his fourteenth birthday that
continued voluntary treatment under the authority of this section requires his
consent.

G. Any minor 14 years of age or older who joins in an application and consents
to admission pursuant to subsection A, shall, in addition to his parent, have
the right to access his health information. The concurrent authorization of both
the parent and the minor shall be required to disclose such minor&#8217;s health
information.

H. A minor who has been hospitalized while properly detained by a juvenile and
domestic relations district court or circuit court shall be returned to the
detention home, shelter care, or other facility approved by the Department of
Juvenile Justice by the sheriff serving the jurisdiction where the minor was
detained within 24 hours following completion of a period of inpatient
treatment, unless the court having jurisdiction over the case orders that the
minor be released from custody.

HISTORY: 1990, c. 975; 1991, c. 159; 2005, cc. 181, 227; 2008, cc. 783, 808;
2009, cc. 455, 555; 2010, cc. 778, 825; 2015, cc. 504, 543; 2024, cc. 695, 710.