                                 CODE OF VIRGINIA

INVOLUNTARY COMMITMENT; CLINICAL EVALUATION (§ 16.1-342)

A. Upon the filing of a petition for involuntary commitment, the juvenile and
domestic relations district court shall direct the community services board
serving the area in which the minor is located to arrange for an evaluation by a
qualified evaluator, if one has not already been performed pursuant to
subsection B of &#xA7; 16.1-339. All such evaluations shall be conducted in
private. In conducting a clinical evaluation of a minor in detention or shelter
care, if the evaluator finds, irrespective of the fact that the minor has been
detained, that the minor meets the criteria for involuntary commitment in &#xA7;
16.1-345, the evaluator shall recommend that the minor meets the criteria for
involuntary commitment. The petitioner, all public agencies, and all providers
or programs which have treated or who are treating the minor, shall cooperate
with the evaluator and shall promptly deliver, upon request and without charge,
all records of treatment or education of the minor. At least 24 hours before the
scheduled hearing, the evaluator shall submit to the court a written report
which includes the evaluator&#8217;s opinion regarding whether the minor meets
the criteria for involuntary commitment specified in &#xA7; 16.1-345. A copy of
the evaluator&#8217;s report shall be provided to the minor&#8217;s guardian ad
litem and to the minor&#8217;s counsel. The evaluator, if not physically present
at the hearing, shall be available for questioning during the hearing through a
two-way electronic video and audio or telephonic communication system as
authorized in &#xA7; 16.1-345.1. When the qualified evaluator attends the
hearing in person or by electronic communication, he shall not be excluded from
the hearing pursuant to an order of sequestration of witnesses.

B. Any evaluation conducted pursuant to this section shall be a comprehensive
evaluation of the minor conducted in-person or, if that is not practicable, by a
two-way electronic video and audio communication system as authorized in &#xA7;
16.1-345.1. Translation or interpreter services shall be provided during the
evaluation where necessary. The examination shall consist of (i) a clinical
assessment that includes a mental status examination; determination of current
use of psychotropic and other medications; a medical and psychiatric history; a
substance use, abuse, or dependency determination; and a determination of the
likelihood that, because of mental illness, the minor 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; (ii) a substance abuse screening, when indicated; (iii) a risk
assessment that includes an evaluation of the likelihood that, because of mental
illness, the minor 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; (iv) for a minor 14 years of age or older, an assessment of the
minor&#8217;s capacity to consent to treatment, including his ability to
maintain and communicate choice, understand relevant information, and comprehend
the situation and its consequences; (v) if prior to the examination the minor
has been temporarily detained pursuant to this article, a review of the
temporary detention facility&#8217;s records for the minor, including the
treating physician&#8217;s evaluation, any collateral information, reports of
any laboratory or toxicology tests conducted, and all admission forms and
nurses&#8217; notes; (vi) a discussion of treatment preferences expressed by the
minor or his parents or contained in a document provided by the minor or his
parents in support of recovery; (vii) an assessment of alternatives to
involuntary inpatient treatment; and (viii) recommendations for the placement,
care, and treatment of the minor.

HISTORY: 1990, c. 975; 2005, c. 346; 2009, cc. 455, 555; 2010, cc. 778, 825.