                                 CODE OF VIRGINIA

TRANSPORTATION OF MINOR IN THE TEMPORARY DETENTION PROCESS (§ 16.1-340.2)

A. In specifying the primary law-enforcement agency and jurisdiction for
purposes of this section, the magistrate shall specify in the temporary
detention order the law-enforcement agency of the jurisdiction in which the
minor resides to execute the order and, in cases in which transportation is
ordered to be provided by the primary law-enforcement agency, provide
transportation. However, if the nearest boundary of the jurisdiction in which
the minor resides is more than 50 miles from the nearest boundary of the
jurisdiction in which the minor is located, the law-enforcement agency of the
jurisdiction in which the minor is located shall execute the order and provide
transportation.

B. The magistrate issuing the temporary detention order shall specify the
law-enforcement agency to execute the order and provide transportation. However,
the magistrate may authorize transportation by an alternative transportation
provider, including a parent, family member, or friend of the minor who is the
subject of the temporary detention order, a representative of the community
services board, or other transportation provider with personnel trained to
provide transportation in a safe manner upon determining, following
consideration of information provided by the petitioner; the community services
board or its designee; the local law-enforcement agency, if any; the
minor&#8217;s treating physician, if any; or other persons who are available and
have knowledge of the minor, and, when the magistrate deems appropriate, the
proposed alternative transportation provider, either in person or via two-way
electronic video and audio or telephone communication system, that the proposed
alternative transportation provider is available to provide transportation,
willing to provide transportation, and able to provide transportation in a safe
manner. When transportation is ordered to be provided by an alternative
transportation provider, the magistrate shall order the specified primary
law-enforcement agency to execute the order, to take the minor into custody, and
to transfer custody of the minor to the alternative transportation provider
identified in the order.
			In such cases any case in which a magistrate authorizes transportation of a
minor subject to a temporary detention order by an alternative transportation
provider, a copy of the temporary detention order shall accompany the minor
being transported pursuant to this section at all times and shall be delivered
by the alternative transportation provider to the temporary detention facility.
The temporary detention facility shall return a copy of the temporary detention
order to the court designated by the magistrate as soon as is practicable.
Delivery of an order to a law-enforcement officer or alternative transportation
provider and return of an order to the court may be accomplished electronically
or by facsimile.
			The order may include transportation of the minor to such other medical
facility as may be necessary to obtain further medical evaluation or treatment
prior to placement as required by a physician at the admitting temporary
detention facility. Nothing herein shall preclude a law-enforcement officer or
alternative transportation provider from obtaining emergency medical treatment
or further medical evaluation at any time for a minor in his custody as provided
in this section. Such medical evaluation or treatment shall be conducted
immediately in accordance with state and federal law.

C. If an alternative transportation provider providing transportation of a minor
who is the subject of a temporary detention order becomes unable to continue
providing transportation of the minor at any time after taking custody of the
minor, the primary law-enforcement agency for the jurisdiction in which the
alternative transportation provider is located at the time he becomes unable to
continue providing transportation shall take custody of the minor and shall
transport the minor to the facility of temporary detention. In such cases, (i) a
copy of the temporary detention order shall accompany the minor being
transported and shall be delivered to and returned by the temporary detention
facility in accordance with the provisions of subsection B and (ii) if the
alternative transportation provider originally authorized to provide
transportation is a person other than the minor&#8217;s parent, the alternative
transportation provider shall notify the minor&#8217;s parent (a) that the
primary law-enforcement agency for the jurisdiction in which he is located has
taken custody of the minor and is transporting the minor to the facility of
temporary detention and (b) of the name of the law-enforcement officer providing
transportation of the minor.

D. In cases in which an alternative facility of temporary detention is
identified and the law-enforcement agency or alternative transportation provider
identified to provide transportation in accordance with subsection B continues
to have custody of the minor, the local law-enforcement agency or alternative
transportation provider shall transport the minor to the alternative facility of
temporary detention identified by the employee or designee of the local
community services board. In cases in which an alternative facility of temporary
detention is identified and custody of the minor has been transferred from the
law-enforcement agency or alternative transportation provider that provided
transportation in accordance with subsection B to the initial facility of
temporary detention, the employee or designee of the local community services
board shall request, and a magistrate may enter an order specifying, an
alternative transportation provider or, if no alternative transportation
provider is available, willing, and able to provide transportation in a safe
manner, the local law-enforcement agency for the jurisdiction in which the minor
resides or, if the nearest boundary of the jurisdiction in which the minor
resides is more than 50 miles from the nearest boundary of the jurisdiction in
which the minor is located, the law-enforcement agency of the jurisdiction in
which the minor is located, to provide transportation.

E. The magistrate may change the transportation provider specified in a
temporary detention order at any time prior to the initiation of transportation
of a minor who is the subject of a temporary detention order pursuant to this
section. If the designated transportation provider is changed by the magistrate
at any time after the temporary detention order has been executed but prior to
the initiation of transportation, the transportation provider having custody of
the minor shall transfer custody of the minor to the transportation provider
subsequently specified to provide transportation. For the purposes of this
subsection, &#8220;transportation provider&#8221; includes both a
law-enforcement agency and an alternative transportation provider.

F. A law-enforcement officer may lawfully go or be sent beyond the territorial
limits of the county, city, or town in which he serves to any point in the
Commonwealth for the purpose of executing any temporary detention order pursuant
to this section. Law-enforcement agencies may enter into agreements to
facilitate the execution of temporary detention orders and provide
transportation.

G. No person who provides alternative transportation pursuant to this section
shall be liable to the person being transported for any civil damages for
ordinary negligence in acts or omissions that result from providing such
alternative transportation.

HISTORY: 2010, cc. 778, 825; 2015, cc. 297, 308; 2018, c. 20; 2020, cc. 879,
880.