                                 CODE OF VIRGINIA

EMERGENCY CUSTODY; ISSUANCE AND EXECUTION OF ORDER (§ 16.1-340)

A. Any magistrate shall issue, upon the sworn petition of a minor&#8217;s
treating physician or parent or, if the parent is not available or is unable or
unwilling to file a petition, by any responsible adult, including the person
having custody over a minor in detention or shelter care pursuant to an order of
a juvenile and domestic relations district court, or upon his own motion, an
emergency custody order when he has probable cause to believe that (i) because
of mental illness, the minor (a) presents a serious danger to himself or others
to the extent that severe or irremediable injury is likely to result, as
evidenced by recent acts or threats, or (b) is experiencing a serious
deterioration of his ability to care for himself in a developmentally
age-appropriate manner, as evidenced by delusionary thinking or by a significant
impairment of functioning in hydration, nutrition, self-protection, or
self-control; and (ii) the minor is in need of compulsory treatment for a mental
illness and is reasonably likely to benefit from the proposed treatment. Any
emergency custody order entered pursuant to this section shall provide for the
disclosure of medical records pursuant to subsection B of &#xA7; 16.1-337. This
subsection shall not preclude any other disclosures as required or permitted by
law. To the extent possible, the petition shall contain the information required
by &#xA7; 16.1-339.1.
			When considering whether there is probable cause to issue an emergency
custody order, the magistrate may, in addition to the petition, consider (1) the
recommendations of any treating or examining physician or psychologist licensed
in Virginia, if available, (2) any past actions of the minor, (3) any past
mental health treatment of the minor, (4) any relevant hearsay evidence, (5) any
medical records available, (6) any affidavits submitted, if the witness is
unavailable and it so states in the affidavit, and (7) any other information
available that the magistrate considers relevant to the determination of whether
probable cause exists to issue an emergency custody order.

B. Any minor for whom an emergency custody order is issued shall be taken into
custody and transported to a convenient location to be evaluated to determine
whether he meets the criteria for temporary detention pursuant to &#xA7;
16.1-340.1 and to assess the need for hospitalization or treatment. The
evaluation shall be made by a person designated by the community services board
serving the area in which the minor is located who is skilled in the diagnosis
and treatment of mental illness and who has completed a certification program
approved by the Department.

C. The magistrate issuing an emergency custody order shall specify the primary
law-enforcement agency and jurisdiction to execute the emergency custody 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 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, a copy of the emergency custody 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
community services board or its designee responsible for conducting the
evaluation. The community services board or its designee conducting the
evaluation shall return a copy of the emergency custody 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.
			Transportation under this section shall include transportation to a medical
facility as may be necessary to obtain emergency medical evaluation or treatment
that shall be conducted immediately in accordance with state and federal law.
Transportation under this section shall include transportation to a medical
facility for a medical evaluation if a physician at the hospital in which the
minor subject to the emergency custody order may be detained requires a medical
evaluation prior to admission.

D. In specifying the primary law-enforcement agency and jurisdiction for
purposes of this section, the magistrate shall order the primary law-enforcement
agency from the jurisdiction served by the community services board that
designated the person to perform the evaluation required in subsection B to
execute the order and, in cases in which transportation is ordered to be
provided by the primary law-enforcement agency, provide transportation. If the
community services board serves more than one jurisdiction, the magistrate shall
designate the primary law-enforcement agency from the particular jurisdiction
within the community services board&#8217;s service area where the minor who is
the subject of the emergency custody order was taken into custody or, if the
minor has not yet been taken into custody, the primary law-enforcement agency
from the jurisdiction where the minor is presently located to execute the order
and provide transportation.

E. The law-enforcement agency or alternative transportation provider providing
transportation pursuant to this section may transfer custody of the minor to the
facility or location to which the minor is transported for the evaluation
required in subsection B, G, or H if the facility or location (i) is licensed to
provide the level of security necessary to protect both the minor and others
from harm, (ii) is actually capable of providing the level of security necessary
to protect the minor and others from harm, and (iii) in cases in which
transportation is provided by a law-enforcement agency, has entered into an
agreement or memorandum of understanding with the law-enforcement agency setting
forth the terms and conditions under which it will accept a transfer of custody,
provided, however, that the facility or location may not require the
law-enforcement agency to pay any fees or costs for the transfer of custody.

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 an emergency custody order pursuant to
this section.

G. A law-enforcement officer who, based upon his observation or the reliable
reports of others, has probable cause to believe that a minor meets the criteria
for emergency custody as stated in this section may take that minor into custody
and transport that minor to an appropriate location to assess the need for
hospitalization or treatment without prior authorization. A law-enforcement
officer who takes a person into custody pursuant to this subsection or
subsection H 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 obtaining the assessment. Such evaluation shall be conducted
immediately. The period of custody shall not exceed eight hours from the time
the law-enforcement officer takes the minor into custody.

H. A law-enforcement officer who is transporting a minor who has voluntarily
consented to be transported to a facility for the purpose of assessment or
evaluation and who is beyond the territorial limits of the county, city, or town
in which he serves may take such minor into custody and transport him to an
appropriate location to assess the need for hospitalization or treatment without
prior authorization when the law-enforcement officer determines (i) that the
minor has revoked consent to be transported to a facility for the purpose of
assessment or evaluation and (ii) based upon his observations, that probable
cause exists to believe that the minor meets the criteria for emergency custody
as stated in this section. The period of custody shall not exceed eight hours
from the time the law-enforcement officer takes the minor into custody.

I. A representative of the primary law-enforcement agency specified to execute
an emergency custody order or a representative of the law-enforcement agency
employing a law-enforcement officer who takes a person into custody pursuant to
subsection G or H shall notify the community services board responsible for
conducting the evaluation required in subsection B, G, or H as soon as
practicable after execution of the emergency custody order or after the person
has been taken into custody pursuant to subsection G or H.

J. 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.

K. The minor shall remain in custody until a temporary detention order is
issued, until the minor is released, or until the emergency custody order
expires. An emergency custody order shall be valid for a period not to exceed
eight hours from the time of execution.

L. If an emergency custody order is not executed within eight hours of its
issuance, the order shall be void and shall be returned unexecuted to the office
of the clerk of the issuing court or, if such office is not open, to any
magistrate serving the jurisdiction of the issuing court.

M. In addition to the eight-hour period of emergency custody set forth in
subsection G, H, or K, if the minor is detained in a state facility pursuant to
subsection D of &#xA7; 16.1-340.1, the state facility and an employee or
designee of the community services board may, for an additional four hours,
continue to attempt to identify an alternative facility that is able and willing
to provide temporary detention and appropriate care to the minor.

N. Payments shall be made pursuant to &#xA7; 37.2-804 to licensed health care
providers for medical screening and assessment services provided to minors with
mental illnesses while in emergency custody.

O. 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: 1990, c. 975; 1991, c. 159; 1992, c. 884; 2000, cc. 65, 246; 2001, c.
837; 2004, c. 283; 2005, c. 346; 2006, c. 401; 2008, cc. 783, 808; 2009, cc.
455, 555; 2010, cc. 778, 825; 2011, c. 249; 2014, cc. 691, 761; 2015, cc. 297,
308; 2018, c. 570.