                                 CODE OF VIRGINIA

INVOLUNTARY COMMITMENT; CRITERIA (§ 16.1-345)

After observing the minor and considering (i) the recommendations of any
treating or examining physician or psychologist licensed in Virginia, if
available, (ii) any past actions of the minor, (iii) any past mental health
treatment of the minor, (iv) any qualified evaluator&#8217;s report, (v) any
medical records available, (vi) the preadmission screening report, and (vii) any
other evidence that may have been admitted, the court shall order the
involuntary commitment of the minor to a mental health facility for treatment
for a period not to exceed 90 days if it finds, by clear and convincing
evidence, that:

1. 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;

2. The minor is in need of compulsory treatment for a mental illness and is
reasonably likely to benefit from the proposed treatment; and

3. If the court finds that inpatient treatment is not the least restrictive
treatment, the court shall consider entering an order for mandatory outpatient
treatment pursuant to &#xA7; 16.1-345.2.
			Upon the expiration of an order for involuntary commitment, the minor shall
be released unless he is involuntarily admitted by further petition and order of
a court, which shall be for a period not to exceed 90 days from the date of the
subsequent court order, or the minor or his parent rescinds the objection to
inpatient treatment and consents to admission pursuant to &#xA7; 16.1-338 or
subsection D of &#xA7; 16.1-339 or the minor is ordered to mandatory outpatient
treatment pursuant to &#xA7; 16.1-345.2.			A minor who has been hospitalized
while properly detained by a juvenile and domestic relations district court
shall be returned to the detention home, shelter care, or other facility
approved by the Department of Juvenile Justice by the sheriff serving the
jurisdiction where the minor was detained within 24 hours following completion
of a period of inpatient treatment, unless the court having jurisdiction over
the case orders that the minor be released from custody. However, such a minor
shall not be eligible for mandatory outpatient treatment.			In conducting an
evaluation of a minor who has been properly detained, if the evaluator finds,
irrespective of the fact that the minor has been detained, that the minor meets
the criteria for involuntary commitment in this section, the evaluator shall
recommend that the minor meets the criteria for involuntary commitment.			If the
parent or parents with whom the minor resides are not willing to approve the
proposed commitment, the court shall order inpatient treatment only if it finds,
in addition to the criteria specified in this section, that such treatment is
necessary to protect the minor&#8217;s life, health, safety, or normal
development. If a special justice believes that issuance of a removal order or
protective order may be in the child&#8217;s best interest, the special justice
shall report the matter to the local department of social services for the
county or city where the minor resides.			Upon finding that the best interests
of the minor so require, the court may enter an order directing either or both
of the minor&#8217;s parents to comply with reasonable conditions relating to
the minor&#8217;s treatment.			If the minor is committed to inpatient treatment,
such placement shall be in a mental health facility for inpatient treatment
designated by the community services board which serves the political
subdivision in which the minor was evaluated pursuant to &#xA7; 16.1-342. If the
community services board does not provide a placement recommendation at the
hearing, the minor shall be placed in a mental health facility designated by the
Commissioner of Behavioral Health and Developmental Services.			When a minor has
been involuntarily committed pursuant to this section, the judge shall
determine, after consideration of information provided by the minor&#8217;s
treating mental health professional and any involved community services board
staff regarding the minor&#8217;s dangerousness, whether transportation shall be
provided by the sheriff or may be provided by an alternative transportation
provider, including a parent, family member, or friend of the minor, a
representative of the community services board, a representative of the facility
at which the minor was detained pursuant to a temporary detention order, or
other alternative transportation provider with personnel trained to provide
transportation in a safe manner. If the judge determines that transportation may
be provided by an alternative transportation provider, the judge may consult
with the proposed alternative transportation provider either in person or via
two-way electronic video and audio or telephone communication system to
determine whether the proposed alternative transportation provider is available
to provide transportation, willing to provide transportation, and able to
provide transportation in a safe manner. If the judge finds that the proposed
alternative transportation provider is available to provide transportation,
willing to provide transportation, and able to provide transportation in a safe
manner, the judge may order transportation by the proposed alternative
transportation provider. In all other cases, the judge shall order
transportation by the sheriff of the jurisdiction where the minor is a resident
unless the sheriff&#8217;s office of that jurisdiction is located more than 100
road miles from the nearest boundary of the jurisdiction in which the
proceedings took place. In cases where the sheriff of the jurisdiction in which
the minor is a resident is more than 100 road miles from the nearest boundary of
the jurisdiction in which the proceedings took place, it shall be the
responsibility of the sheriff of the latter jurisdiction to transport the
minor.			If the judge determines that the minor requires transportation by the
sheriff, the sheriff, as specified in this section shall transport the minor to
the proper facility. In no event shall transport commence later than six hours
after notification to the sheriff or alternative transportation provider of the
judge&#8217;s order.			If an alternative transportation provider providing
transportation of a minor becomes unable to continue providing transportation of
the minor at any time after taking custody of the minor, the primary
law-enforcement agency for the jurisdiction in which the alternative
transportation provider is located at the time he becomes unable to continue
providing transportation shall take custody of the minor and shall transport the
minor to the proper facility. In such cases, if the alternative transportation
provider originally authorized to provide transportation is a person other than
the minor&#8217;s parent, the alternative transportation provider shall notify
the minor&#8217;s parent (a) that the primary law-enforcement agency for the
jurisdiction in which he is located has taken custody of the minor and is
transporting the minor to the facility of temporary detention and (b) of the
name of the law-enforcement officer providing transportation of the minor.			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; 1992, c. 539; 2005, c. 346; 2009, cc. 112, 455, 555, 697,
813, 840; 2010, cc. 778, 825; 2015, cc. 297, 308; 2020, cc. 879, 880.