                                 CODE OF VIRGINIA

COURT REVIEW OF MANDATORY OUTPATIENT TREATMENT PLAN (§ 16.1-345.4)

A. The juvenile and domestic relations district court judge shall hold a hearing
within 15 days after receiving the motion for review of the mandatory outpatient
treatment plan; however, if the fifteenth day is a Saturday, Sunday, legal
holiday, or day on which the court is lawfully closed, the hearing shall be held
on the next day that is not a Saturday, Sunday, legal holiday, or day on which
the court is lawfully closed. If the minor is being detained under a temporary
detention order, the hearing shall be scheduled within the same time frame
provided for a commitment hearing under &#xA7; 16.1-341. The clerk shall provide
notice of the hearing to the minor, his parents, the community services board,
all treatment providers listed in the comprehensive mandatory outpatient
treatment order, and the original petitioner for the minor&#8217;s involuntary
treatment. If the minor is not represented by counsel, the judge shall appoint
an attorney to represent the minor in this hearing and any subsequent hearings
under &#xA7; 16.1-345.5, giving consideration to appointing the attorney who
represented the minor at the proceeding that resulted in the issuance of the
mandatory outpatient treatment order. The judge shall also appoint a guardian ad
litem for the minor. The community services board shall offer to arrange the
minor&#8217;s transportation to the hearing if the minor is not detained and has
no other source of transportation.

B. If requested by the minor&#8217;s parents, the community services board, a
treatment provider listed in the comprehensive mandatory outpatient treatment
plan, or the original petitioner for the minor&#8217;s involuntary treatment,
the juvenile and domestic relations district court judge may order an evaluation
and appoint a qualified evaluator in accordance with &#xA7; 16.1-342 who shall
personally examine the minor and certify to the court whether or not he has
probable cause to believe that the minor meets the criteria for involuntary
inpatient treatment or mandatory outpatient treatment as specified in &#xA7;
16.1-345 and subsection A of &#xA7; 16.1-345.2. The evaluator&#8217;s report may
be admitted into evidence without the appearance of the evaluator at the hearing
if not objected to by the minor or his attorney. If the minor is not detained in
an inpatient facility, the community services board shall arrange for the minor
to be examined at a convenient location and time. The community services board
shall offer to arrange for the minor&#8217;s transportation to the examination,
if the minor has no other source of transportation. If the minor refuses or
fails to appear, the community services board shall notify the court, and the
court shall issue a mandatory examination order and a civil show cause summons.
The return date for the civil show cause summons shall be set on a date prior to
the review hearing scheduled pursuant to subsection A, and the examination of
the minor shall be conducted immediately after the hearing thereon, but in no
event shall the period for the examination exceed eight hours.

C. If the minor fails to appear for the hearing, the juvenile and domestic
relations district court judge shall, after consideration of any evidence from
the minor, from his parents, from the community services board, or from any
treatment provider identified in the mandatory outpatient treatment plan
regarding why the minor failed to appear at the hearing, either (i) reschedule
the hearing pursuant to subsection A, (ii) issue an emergency custody order
pursuant to &#xA7; 16.1-340, or (iii) issue a temporary detention order pursuant
to &#xA7; 16.1-340.1.

D. After hearing the evidence regarding the minor&#8217;s material noncompliance
with the mandatory outpatient treatment order and the minor&#8217;s current
condition, and any other relevant information referenced in § 16.1-345 and
subsection A of § 16.1-345.2, the juvenile and domestic relations district
court judge may make one of the following dispositions:

   1. Upon finding by clear and convincing evidence that the minor meets the
   criteria for involuntary admission and treatment specified in &#xA7; 16.1-345,
   the judge shall order the minor&#8217;s involuntary admission to a facility
   designated by the community services board for a period of treatment not to
   exceed 30 days;

   2. Upon finding that the minor continues to meet the criteria for mandatory
   outpatient treatment specified in subsection A of &#xA7; 16.1-345.2, and that
   a continued period of mandatory outpatient treatment appears warranted, the
   judge may renew the order for mandatory outpatient treatment, making any
   necessary modifications that are acceptable to the community services board or
   treatment provider responsible for the minor&#8217;s treatment. In determining
   the appropriateness of outpatient treatment, the court may consider the
   minor&#8217;s material noncompliance with the previous mandatory treatment
   order; or

   3. Upon finding that neither of the above dispositions is appropriate, the
   judge may rescind the order for mandatory outpatient treatment.
   				Upon entry of an order for involuntary inpatient admission, transportation
   shall be provided in accordance with &#xA7; 16.1-345.

E. For the purposes of this section, &#8220;juvenile and domestic relations
district court judge&#8221; shall not include a special justice as authorized by
&#xA7; 37.2-803.

HISTORY: 2009, cc. 455, 555; 2010, cc. 778, 825; 2014, cc. 691, 761.