                                 CODE OF VIRGINIA

FACILITY OF TEMPORARY DETENTION (§ 16.1-340.1:1)

A. In each case in which an employee or designee of the local community services
board is required to make an evaluation of a minor pursuant to subsection B, G,
or H of &#xA7; 16.1-340, an employee or designee of the local community services
board shall, upon being notified of the need for such evaluation, contact the
state facility for the area in which the community services board is located and
notify the state facility that the minor will be transported to the facility
upon issuance of a temporary detention order if no other facility of temporary
detention can be identified by the time of the expiration of the period of
emergency custody pursuant to &#xA7; 16.1-340. Upon completion of the
evaluation, the employee or designee of the local community services board shall
convey to the state facility information about the minor necessary to allow the
state facility to determine the services the minor will require upon admission.

B. A state facility may, following the notice in accordance with subsection A,
conduct a search for an alternative facility that is able and willing to provide
temporary detention and appropriate care to the minor, which may include another
state facility if the state facility notified in accordance with subsection A is
unable to provide temporary detention and appropriate care for the minor. Under
no circumstances shall a state facility fail or refuse to admit a minor who
meets the criteria for temporary detention pursuant to &#xA7; 16.1-340.1 unless
an alternative facility that is able to provide temporary detention and
appropriate care agrees to accept the minor for temporary detention, and the
minor shall not during the duration of the temporary detention order be released
from custody except for purposes of transporting the minor to the state facility
or alternative facility in accordance with the provisions of &#xA7; 16.1-340.2.
If an alternative facility is identified and agrees to accept the minor for
temporary detention, the state facility shall notify the community services
board, and an employee or designee of the community services board shall
designate the alternative facility on the prescreening report.

C. The facility of temporary detention designated in accordance with this
section shall be one that has been approved pursuant to regulations of the State
Board of Behavioral Health and Developmental Services.

HISTORY: 2014, cc. 691, 773; 2015, cc. 121, 309.