                                 CODE OF VIRGINIA

MONITORING MANDATORY OUTPATIENT TREATMENT; MOTION FOR REVIEW (§ 16.1-345.3)

A. The community services board where the minor resides shall monitor the
minor&#8217;s compliance with the mandatory outpatient treatment plan ordered by
the court pursuant to &#xA7; 16.1-345.2. Monitoring compliance shall include (i)
contacting the service providers to determine if the minor is complying with the
mandatory outpatient treatment order and (ii) notifying the court of the
minor&#8217;s material noncompliance with the mandatory outpatient treatment
order. Providers of services identified in the plan shall report any material
noncompliance to the community services board.

B. If the community services board determines that the minor materially failed
to comply with the order, it shall file with the juvenile and domestic relations
district court for the jurisdiction in which the minor resides a motion for
review of the mandatory outpatient treatment order as provided in &#xA7;
16.1-345.4. The community services board shall file the motion for review of the
mandatory outpatient treatment order within three business days of making that
determination, or within 24 hours if the minor is being detained under a
temporary detention order, and shall recommend an appropriate disposition.
Copies of the motion for review shall be sent to the minor, his parents, his
attorney, and his guardian ad litem.

C. If the community services board determines that the minor is not materially
complying with the mandatory outpatient treatment order or for any other reason,
and that because of mental illness, the minor (i) 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 (ii) 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, it shall immediately request that the magistrate issue an
emergency custody order pursuant to &#xA7; 16.1-340 or a temporary detention
order pursuant to &#xA7; 16.1-340.1.

D. If the community services board determines at any time prior to the
expiration of the mandatory outpatient treatment order that the minor has
complied with the order and that continued mandatory outpatient treatment is no
longer necessary, it shall file a motion to review the order with the juvenile
and domestic relations district court for the jurisdiction in which the minor
resides. The court shall schedule a hearing and provide notice of the hearing in
accordance with subsection A of &#xA7; 16.1-345.4.

HISTORY: 2009, cc. 455, 555; 2010, cc. 778, 825.