                                 CODE OF VIRGINIA

PARENTAL ADMISSION OF AN OBJECTING MINOR 14 YEARS OF AGE OR OLDER (§ 16.1-339)

A. A minor 14 years of age or older who (i) objects to admission or (ii) is
incapable of making an informed decision may be admitted to a willing facility
for up to 120 hours, pending the review required by subsections B and C, upon
the application of a parent. If admission is sought to a state hospital, the
community services board serving the area in which the minor resides shall
provide the preadmission screening report required by subsection B of &#xA7;
16.1-338 and shall ensure that the necessary written findings, except the
minor&#8217;s consent, have been made before approving the admission. A
temporary detention order under &#xA7; 16.1-340.1 shall not be required for a
minor to be admitted to a willing facility upon the application of a parent
pursuant to this section.

B. A minor admitted under this section shall be examined within 24 hours of his
admission by a qualified evaluator designated by the community services board
serving the area where the facility is located. If the 24-hour time period
expires on a Saturday, Sunday, legal holiday, or day on which the court is
lawfully closed, the 24 hours shall extend to the next day that is not a
Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.
The evaluator shall prepare a report that shall include written findings as to
whether:

   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;

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

   3. 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.
   				The qualified evaluator shall submit his report to the juvenile and
   domestic relations district court for the jurisdiction in which the facility
   is located.

C. Upon admission of a minor under this section, the facility shall file a
petition for judicial approval no sooner than 24 hours and no later than 120
hours after admission with the juvenile and domestic relations district court
for the jurisdiction in which the facility is located. To the extent available,
the petition shall contain the information required by § 16.1-339.1. A copy of
this petition shall be delivered to the minor&#8217;s consenting parent. Upon
receipt of the petition and of the evaluator&#8217;s report submitted pursuant
to subsection B, the judge shall appoint a guardian ad litem for the minor and
counsel to represent the minor, unless it has been determined that the minor has
retained counsel. A copy of the evaluator&#8217;s report shall be provided to
the minor&#8217;s counsel and guardian ad litem. The court and the guardian ad
litem shall review the petition and evaluator&#8217;s report and shall ascertain
the views of the minor, the minor&#8217;s consenting parent, the evaluator, and
the attending psychiatrist. The court shall conduct its review in such place and
manner, including the facility, as it deems to be in the best interests of the
minor. Based upon its review and the recommendations of the guardian ad litem,
the court shall order one of the following dispositions:

   1. If the court finds that the minor does not meet the criteria for admission
   specified in subsection B, the court shall issue an order directing the
   facility to release the minor into the custody of the parent who consented to
   the minor&#8217;s admission. However, nothing herein shall be deemed to affect
   the terms and provisions of any valid court order of custody affecting the
   minor.

   2. If the court finds that the minor meets the criteria for admission
   specified in subsection B, the court shall issue an order authorizing
   continued hospitalization of the minor for up to 90 days on the basis of the
   parent&#8217;s consent.
   				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. A copy of the plan shall also be
   provided to the guardian ad litem and to counsel for 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.

   3. If the court determines that the available information is insufficient to
   permit an informed determination regarding whether the minor meets the
   criteria specified in subsection B, the court shall schedule a commitment
   hearing that shall be conducted in accordance with the procedures specified in
   &#xA7;&#xA7; 16.1-341 through 16.1-345. The minor may be detained in the
   hospital for up to 120 additional hours pending the holding of the commitment
   hearing.

D. A minor admitted under this section who rescinds his objection may be
retained in the hospital pursuant to &#xA7; 16.1-338.

E. If the parent who consented to a minor&#8217;s admission under this section
revokes his consent at any time, the minor shall be released within 48 hours to
the parent&#8217;s custody unless the minor&#8217;s continued hospitalization is
authorized pursuant to &#xA7; 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.

F. 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, c. 716; 2007, cc. 500, 897; 2008, cc.
139, 774, 783, 807, 808; 2009, cc. 455, 555; 2010, cc. 778, 825; 2015, cc. 504,
535, 543; 2024, cc. 695, 710.