                                 CODE OF VIRGINIA

INVOLUNTARY COMMITMENT; HEARING (§ 16.1-344)

A. The court shall summon to the hearing all material witnesses requested by
either the minor or the petitioner. All testimony shall be under oath. The rules
of evidence shall apply. The petitioner, minor and, with leave of court for good
cause shown, any other person shall be given the opportunity to present evidence
and cross-examine witnesses. The hearing shall be closed to the public unless
the minor and petitioner request that it be open.

B. At the commencement of the hearing involving a minor 14 years of age or
older, the court shall inform the minor whose involuntary commitment is being
sought of his right to be voluntarily admitted for inpatient treatment as
provided for in &#xA7; 16.1-338 and shall afford the minor an opportunity for
voluntary admission, provided that the minor&#8217;s parent consents to such
voluntary admission. The court shall advise the minor whose involuntary
commitment is being sought that if the minor chooses to be voluntarily admitted
pursuant to &#xA7; 16.1-338, such minor will be prohibited from possessing,
purchasing, or transporting a firearm pursuant to &#xA7; 18.2-308.1:3. In
determining whether a minor is capable of consenting to voluntary admission, the
court may consider evidence regarding the minor&#8217;s past compliance or
noncompliance with treatment.

C. An employee or a designee of the community services board that arranged for
the evaluation of the minor shall attend the hearing in person or, if physical
attendance is not practicable, shall participate in the hearing through a
two-way electronic video and audio or telephonic communication system as
authorized in &#xA7; 16.1-345.1. If (i) the minor does not reside in the
jurisdiction served by the juvenile and domestic relations district court that
conducts the hearing and (ii) the minor is being considered for mandatory
outpatient treatment pursuant to &#xA7; 16.1-345.2, an employee or designee of
the community services board serving the area where the minor resides shall also
attend the hearing in person or, if physical attendance is not practicable,
shall participate in the hearing through a two-way electronic video and audio or
telephonic communication system as authorized in &#xA7; 16.1-345.1. The employee
or designee of the community services board serving the area where the minor
resides may, instead of attending the hearing, make arrangements with the
community services board that arranged for the evaluation of the minor to
present on its behalf the recommendations for a specific course of treatment and
programs for the provision of mandatory outpatient treatment required by
subsection C of &#xA7; 16.1-345.2 and the initial mandatory outpatient treatment
plan required by subsection D of &#xA7; 16.1-345.2. When a community services
board attends the hearing on behalf of the community services board serving the
area where the minor resides, the attending community services board shall
inform the community services board serving the area where the minor resides of
the disposition of the matter upon the conclusion of the hearing. In addition,
the attending community services board shall transmit the disposition through
certified mail, personal delivery, facsimile with return receipt acknowledged,
or other electronic means to the community services board serving the area where
the minor resides. Any employee or designee of the community services board
attending or participating in the hearing shall not be excluded from the hearing
pursuant to an order of sequestration of witnesses.
			At least 12 hours prior to the hearing, the court shall provide the time and
location of the hearing to the community services board that arranged for the
evaluation of the minor. If the community services board will be present by
telephonic means, the court shall provide the telephone number to the board.

HISTORY: 1990, c. 975; 1992, c. 539; 2009, cc. 455, 555; 2010, cc. 778, 825;
2018, c. 846.