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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
965900722Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-248.1, 16.1-249, 16.1-284, 16.1-284.1, 16.1-290, 19.2-311, 22.1-277.1. 66-13, and 66-24 of the Code of Virginia and §§ 16.1-255, 16.1-256, 16.1-260, 16.1-263, 16.1-278.8, and 16.1-293 of the Code of Virginia, as they are currently effective and as they may become effective, are amended and reenacted as follows:
§ 16.1-248.1. Criteria for detention or shelter care.
A. A child juvenile taken into custody whose case is considered
by a judge, intake officer or magistrate pursuant to § 16.1-247 shall
immediately be released, upon the ascertainment of the necessary facts, to the
care, custody and control of such child's juvenile's parent,
guardian, custodian or other suitable person able and willing to provide
supervision and care for such child juvenile, either on bail or
recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or
under such conditions as may be imposed or otherwise. However, a
child juvenile may be detained in a secure facility, pursuant to a
detention order or warrant, only upon a finding by the judge, intake officer,
or magistrate, that there is probable cause to believe that the child
juvenile committed the act alleged, and that at least one of the following
conditions is met:
1. The child juvenile is alleged to have committed an act which
would be a felony or Class 1 misdemeanor if committed by an adult, and there is
clear and convincing evidence that:
a. The Considering the seriousness of the current offense or offenses
and other pending charges, the seriousness of prior adjudicated offenses, the
legal status of the juvenile and any aggravating and mitigating circumstances,
the release of the child juvenile constitutes an unreasonable
danger to the person or property of others;
b. The release of the child juvenile would present a clear and
substantial threat of serious harm to such child'sjuvenile's life
or health; or
c. The child juvenile has threatened to abscond from the court's
jurisdiction during the pendency of the instant proceedings or has a record of
willful failure to appear at a court hearing within the immediately preceding
twelve months.
2. The child juvenile has absconded from a detention home or
facility where he has been directed to remain by the lawful order of a judge or
intake officer.
3. The child juvenile is a fugitive from a jurisdiction outside
the Commonwealth and subject to a verified petition or warrant, in which case
such child juvenile may be detained for a period not to exceed
that provided for in § 16.1-323 of this chapter while arrangements
are made to return the child juvenile to the lawful custody of a
parent, guardian or other authority in another state.
4. The child juvenile has failed to appear in court after having
been duly served with a summons in any case in which it is alleged that the
child juvenile has committed a delinquent act, or that
the child is in need of services or is in need of supervision; however, a
child alleged to be in need of services or in need of supervision may be
detained for good cause pursuant to this subsection only until the next day
upon which the court sits within the county or city in which the charge against
the child is pending, and under no circumstances longer than seventy-two hours
from the time he or she was taken into custody.
B. Any child juvenile not meeting the criteria for placement in a
secure facility shall be released to a parent, guardian or other person willing
and able to provide supervision and care under such conditions as the judge,
intake officer or magistrate may impose. However, a child juvenile
may be placed in shelter care if:
1. The childjuvenile is eligible for placement in a secure
facility;
2. The childjuvenile has failed to adhere to the directions of
the court, intake officer or magistrate while on conditional release;
3. The child'sjuvenile's parent, guardian or other person able to
provide supervision cannot be reached within a reasonable time;
4. The child juvenile does not consent to return home;
5. Neither the child'sjuvenile's parent or guardian nor any other
person able to provide proper supervision can arrive to assume custody within a
reasonable time; or
6. The child's juvenile's parent or guardian refuses to permit
the child juvenile to return home and no relative or other person
willing and able to provide proper supervision and care can be located within a
reasonable time.
C. The criteria for continuing the child juvenile in detention or
shelter care as set forth in this section shall govern the decisions of all
persons involved in determining whether the continued detention or shelter care
is warranted pending court disposition. Such criteria shall be supported by
clear and convincing evidence in support of the decision not to release the
childjuvenile.
D. Nothing in this section shall be construed to deprive the court of its power
to punish a child juvenile summarily for contempt for acts set
forth in § 18.2-456, other than acts of disobedience of the court's
dispositional order which are committed outside the presence of the court.
E. A detention order may be issued pursuant to subdivision 2 of subsection A by
the committing court or by the court in the jurisdiction from which the
childjuvenile fled or where he was taken into custody.
§ 16.1-249. Places of confinement for juveniles.
A. If it is ordered that a juvenile remain in detention or shelter care pursuant to § 16.1-248.1, such juvenile may be detained, pending a court hearing, in the following places:
1. An approved foster home or a home otherwise authorized by law to provide such care;
2. A facility operated by a licensed child welfare agency;
3. If a juvenile is alleged to be delinquent, in a detention home or group home approved by the Department;
4. Any other suitable place designated by the court and approved by the Department.
B. No juvenile shall be detained or confined in any jail or other facility for the detention of adult offenders or persons charged with crime except as provided in subsection D, E, F or G of this section.
C. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a juvenile who is or appears to be under the age of eighteen years is received at the facility, and shall deliver him to the court upon request, or transfer him to a detention facility designated by the court.
D. When a case is transferred to the circuit court in accordance with the provisions of § 16.1-269.1 and an order is entered by the circuit court in accordance with § 16.1-269.6, or in accordance with the provisions of § 16.1-270 where the juvenile has waived the jurisdiction of the district court, the juvenile, if in confinement, may be transferred to a jail or other facility for the detention of adults and need no longer be entirely separate and removed from adults.
E. If, in the judgment of the custodian, a juvenile has demonstrated that he is
a threat to the security or safety of the other juveniles detained or the staff
of the home or facility, the judge shall determine whether such juvenile should
be transferred to another juvenile facility or, if the child juvenile
is fourteen years of age or older, a jail or other facility for the
detention of adults;, provided, that (i) the detention is
in a room or ward entirely separate and removed from adults, (ii) adequate
supervision is provided, and (iii) the facility is approved by the State Board
of Corrections for detention of juveniles.
F. If, in the judgment of the custodian, it has been demonstrated that the
presence of a juvenile in a facility creates a threat to the security or safety
of the other juveniles detained or the staff of the home or facility, the
custodian may transfer the juvenile to another juvenile facility, or, if the
child juvenile is fourteen years of age or older, a jail or other
facility for the detention of adults pursuant to the limitations of
subdivisions E (i), (ii) and (iii) for a period not to exceed six hours.
G. If a juvenile fourteen years of age or older is charged with an offense which, if committed by an adult, would be a felony or Class 1 misdemeanor, and the judge or intake officer determines that secure detention is needed for the safety of the juvenile or the community, such juvenile may be detained for a period no longer than six hours in a temporary lock-up room or ward for juveniles while arrangements are completed to transfer the juvenile to a juvenile facility. Such room or ward may be located in a building which also contains a jail or other facility for the detention of adults, provided (i) such room or ward is totally separate and removed from adults or juveniles transferred to the circuit court pursuant to Article 7 (§ 16.1-269.1 et seq.) of this chapter, (ii) constant supervision is provided, and (iii) the facility is approved by the State Board of Corrections for the detention of juveniles. The State Board of Corrections is authorized and directed to prescribe minimum standards for temporary lock-up rooms and wards based on the requirements set out in this subsection. The Department shall assist localities or combinations of localities in establishing facilities which conform to the requirements of this subsection.
G.1. Any juvenile who has been ordered detained in a secure detention facility pursuant to § 16.1-248.1 may be held incident to a court hearing (i) in a court holding cell for a period not to exceed six hours provided the juvenile is entirely separate and removed from detained adults or (ii) in a nonsecure area provided constant supervision is provided.
H. A judge may order the predispositional detention of persons eighteen years of age or older (i) in a juvenile facility only for a violation of the terms and conditions of release from a learning center or (ii) in an adult facility.
I. The Departments of Corrections, Youth and Family Services and Criminal Justice Services shall assist the localities or combinations thereof in implementing this section and ensuring compliance herewith.
§ 16.1-255. Limitation on issuance of detention orders for juveniles.
No detention order shall be issued for any child juvenile except
when authorized by the judge or "intake officer" of a juvenile
court or by a magistrate as provided in § 16.1-256.
In matters involving the issuance of detention orders, each state or local court service unit shall ensure the capability of a prompt response by an intake officer who is either on duty or on call.
§ 16.1-255. (Delayed effective date) Limitation on issuance of detention
orders for juveniles.
No detention order shall be issued for any child juvenile except
when authorized by the judge or "intake officer" of a family
court or by a magistrate as provided in § 16.1-256.
In matters involving the issuance of detention orders, each state or local court service unit shall ensure the capability of a prompt response by an intake officer who is either on duty or on call.
§ 16.1-256. Limitations as to issuance of warrants for juveniles; detention orders.
No warrant of arrest shall be issued for any child juvenile by a
magistrate, except as follows:
1. As provided in § 16.1-260 on appeal from a decision of an intake officer; or
2. [Repealed.]
3. Upon a finding of probable cause to believe that the child is in need
of services or is a delinquent, when (i) the court is not open,
or (ii) the judge and the intake officer of the juvenile and domestic
relations district court are not reasonably available and (iii) the criteria
for detention or shelter care set forth in § 16.1-248.1 have been
satisfied. For purposes of this section, the phrase "not reasonably
available" shall mean means that neither the judge
ornor the intake officer of the juvenile and domestic relations
district court could not be reached after the appearance by the juvenile
before a magistrate or could not arrive within one hour after he was
contacted is physically present to process the case and the physical
presence of either is not imminent.
When a magistrate is authorized to issue a warrant pursuant to subdivision 2, he may also issue a detention order, if the criteria for detention set forth in § 16.1-248.1 have been satisfied.
Warrants issued pursuant to this section shall be delivered forthwith to the juvenile court.
§ 16.1-256. (Delayed effective date) Limitations as to issuance of warrants for juveniles; detention orders.
No warrant of arrest shall be issued for any childjuvenile by a
magistrate, except as follows:
1. As provided in § 16.1-260 on appeal from a decision of an intake officer; or
2. [Repealed.]
3. Upon a finding of probable cause to believe that the child is in need
of services or is a delinquent, when (i) the court is not open, or
(ii) the judge and the intake officer of the family court are not
reasonably available and (iii) the criteria for detention or shelter care
set forth in § 16.1-248.1 have been satisfied. For purposes of this
section, the phrase "not reasonably available" shall mean means
that neither the judge ornor the intake officer of the
family court could not be reached after the appearance by the juvenile
before a magistrate or could not arrive within one hour after he was
contacted is physically present to process the case and the physical
presence of either is not imminent.
When a magistrate is authorized to issue a warrant pursuant to subdivision 2, he may also issue a detention order, if the criteria for detention set forth in § 16.1-248.1 have been satisfied.
Warrants issued pursuant to this section shall be delivered forthwith to the family court.
§ 16.1-260. Intake; petition; investigation.
A. All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection F of this section and in § 16.1-259. The form and content of the petition shall be as provided in § 16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk, (ii) the Department of Social Services may file support petitions on its own motion with the clerk, and (iii) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of public welfare or social services in accordance with the provisions of Chapter 12.1 (§ 63.1-248.1 et seq.) of Title 63.1. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion together with notice of the court date to the Division of Child Support Enforcement.
B. When the court service unit of any court receives a complaint alleging facts
which may be sufficient to invoke the jurisdiction of the court pursuant to
§ 16.1-241, the unit, through an intake officer, may proceed informally to
make such adjustment as is practicable without the filing of a petition or may
authorize a petition to be filed by any complainant having sufficient knowledge
of the matter to establish probable cause for the issuance of the petition. The
intake officer shall accept and file a petition in which it is alleged that (i)
the custody, visitation or support of a child is the subject of controversy or
requires determination, (ii) a person has deserted, abandoned or failed to
provide support for any person in violation of law, or (iii) a child or such
child's parent, guardian, legal custodian or other person standing in loco
parentis is entitled to treatment, rehabilitation or other services which are
required by law. If any such complainant does not file a petition, the intake
officer may file it. In cases in which a child is alleged to be abused,
neglected, in need of services, in need of supervision or delinquent, if the
intake officer believes that probable cause does not exist, or that the
authorization of a petition will not be in the best interest of the family or
child juvenile or that the matter may be effectively dealt with
by some agency other than the court, he may refuse to authorize the filing of a
petition.
C. Prior to the filing of any petition alleging that a juvenile child
is in need of supervision, the matter shall be reviewed by an intake
officer who shall determine whether the petitioner and the juvenile
child alleged to be in need of supervision have utilized or attempted to
utilize treatment and services available in the community and have exhausted
all appropriate nonjudicial remedies which are available to them. When the
intake officer determines that the parties have not attempted to utilize
available treatment or services or have not exhausted all appropriate
nonjudicial remedies which are available, he shall refer the petitioner and the
child alleged to be in need of supervision to the appropriate agency, treatment
facility or individual to receive treatment or services, and a petition shall
not be filed. Only after the intake officer determines that the parties have
made a reasonable effort to utilize available community treatment or services,
may he permit the petition to be filed.
D. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, the complainant shall be notified in writing at that time of the complainant's right to apply to a magistrate for a warrant. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in § 16.1-248.1 have been satisfied, the child may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final.
Upon delivery to the juvenile court of a warrant issued pursuant to subdivision
3 2 of § 16.1-256, the intake officer shall accept and file
a petition founded upon the warrant.
E. The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.
E1. After a petition is filed alleging that a juvenile committed an act which would be a crime if committed by an adult, the intake officer shall, as soon as practicable, provide notice by telephone of the filing of the petition and the nature of the offense to the superintendent of the school division in which the petitioner alleges the juvenile is or should be enrolled, provided the violation involves:
1. The unlawful purchase, possession or use of a weapon pursuant to Article 4 (§ 18.2-279 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
7. Arson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2; or
8. Burglary, pursuant to § 18.2-89.
Promptly after filing a petition the intake officer shall also mail notice, by first class mail, to the superintendent. The failure to provide information regarding the school in which the juvenile who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.
The information provided to a division superintendent pursuant to this section may be disclosed only as provided in § 16.1-305.2.
F. The filing of a petition shall not be necessary:
1. In the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations or animal control violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.
2. In the case of seeking consent to apply for the issuance of a work permit pursuant to subdivision H of § 16.1-241.
3. In the case of a violation of § 18.2-266 or § 29.1-738, or the
commission of any other alcohol-related offense, provided the child
juvenile is released to the custody of a parent or legal guardian pending
the initial court date. The officer releasing a child juvenile
to the custody of a parent or legal guardian shall issue a summons to the
child juvenile and shall also issue a summons requiring the
parent or legal guardian to appear before the court with the child
juvenile. Disposition of the charge shall be in the manner provided in
§ 16.1-278.8 or § 16.1-278.9. If the child so charged with a
violation of § 18.2-266 or § 29.1-738 refuses to provide a sample of
blood or breath or samples of both blood and breath for chemical analysis
pursuant to §§ 18.2-268.1 through 18.2-268.12 or § 29.1-738.2,
the provisions of these sections shall be followed except that the magistrate
shall authorize execution of the warrant as a summons. The summons shall be
served on a parent or legal guardian and the child juvenile, and
a copy of the summons shall be forwarded to the court in which the violation of
§ 18.2-266 or § 29.1-738 is to be tried.
4. In the case of offenses which, if committed by an adult would be punishable as Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in § 16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.
G. Failure to comply with the procedures set forth in this section shall not divest the juvenile court of the jurisdiction granted it in § 16.1-241.
§ 16.1-260. (Delayed effective date) Intake; petition; investigation.
A. All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection F of this section and in § 16.1-259. The form and content of the petition shall be as provided in § 16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk, (ii) the Department of Social Services may file support petitions on its own motion with the clerk, and (iii) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision or delinquent. In addition, all cases for divorce, annulment or affirmation of marriage, separate maintenance, equitable distribution based on a foreign decree, adoption, change of name, amendment of a record of birth and judicial review of school board actions and of hearing officer decisions shall be filed directly with the clerk. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of public welfare or social services in accordance with the provisions of Chapter 12.1 (§ 63.1-248.1 et seq.) of Title 63.1. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion together with notice of the court date to the Division of Child Support Enforcement.
B. When the court service unit of any court receives a complaint alleging facts
which may be sufficient to invoke the jurisdiction of the court pursuant to
§ 16.1-241, the unit, through an intake officer, may proceed informally to
make such adjustment as is practicable without the filing of a petition or may
authorize a petition to be filed by any complainant having sufficient knowledge
of the matter to establish probable cause for the issuance of the petition. The
intake officer shall accept and file a petition in which it is alleged that (i)
the custody, visitation or support of a child is the subject of controversy or
requires determination, (ii) a person has deserted, abandoned or failed to
provide support or separate maintenance for any person in violation of law, or
(iii) a child juvenile or such child's juvenile's
parent, guardian, legal custodian or other person standing in loco parentis is
entitled to treatment, rehabilitation or other services which are required by
law. If any such complainant does not file a petition, the intake officer may
file it. In cases in which a child is alleged to be abused, neglected, in need
of services, in need of supervision or delinquent, if the intake officer
believes that probable cause does not exist, or that the authorization of a
petition will not be in the best interest of the family or child
juvenile or that the matter may be effectively dealt with by some agency
other than the court, he may refuse to authorize the filing of a petition.
C. Prior to the filing of any petition alleging that a juvenile
child is in need of supervision, the matter shall be reviewed by an intake
officer who shall determine whether the petitioner and the juvenile
child alleged to be in need of supervision have utilized or attempted to
utilize treatment and services available in the community and have exhausted
all appropriate nonjudicial remedies which are available to them. When the
intake officer determines that the parties have not attempted to utilize
available treatment or services or have not exhausted all appropriate
nonjudicial remedies which are available, he shall refer the petitioner and the
child alleged to be in need of supervision to the appropriate agency, treatment
facility or individual to receive treatment or services, and a petition shall
not be filed. Only after the intake officer determines that the parties have
made a reasonable effort to utilize available community treatment or services,
may he permit the petition to be filed.
D. If the intake officer refuses to authorize a petition relating to an offense
which if committed by an adult would be punishable as a Class 1 misdemeanor or
as a felony, the complainant shall be notified in writing at that time of the
complainant's right to apply to a magistrate for a warrant. If a magistrate
determines that probable cause exists, he shall issue a warrant returnable to
the family court. The warrant shall be delivered forthwith to the family court,
and the intake officer shall accept and file a petition founded upon the
warrant. If the court is closed and the magistrate finds that the criteria for
detention or shelter care set forth in § 16.1-248.1 have been satisfied,
the child juvenile may be detained pursuant to the warrant
issued in accordance with this subsection. If the intake officer refuses to
authorize a petition relating to a child in need of services or in need of
supervision, a status offense, or a misdemeanor other than Class 1, his
decision is final.
Upon delivery to the family court of a warrant issued pursuant to subdivision
3 2 of § 16.1-256, the intake officer shall accept and file
a petition founded upon the warrant.
E. The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.
E1. After a petition is filed alleging that a juvenile committed an act which would be a crime if committed by an adult, the intake officer shall, as soon as practicable, provide notice by telephone of the filing of the petition and the nature of the offense to the superintendent of the school division in which the petitioner alleges the juvenile is or should be enrolled, provided the violation involves:
1. The unlawful purchase, possession or use of a weapon pursuant to Article 4 (§ 18.2-279 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
7. Arson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2; or
8. Burglary, pursuant to § 18.2-89.
Promptly after filing a petition the intake officer shall also mail notice, by first class mail, to the superintendent. The failure to provide information regarding the school in which the juvenile who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.
The information provided to a division superintendent pursuant to this section may be disclosed only as provided in § 16.1-305.2.
F. The filing of a petition shall not be necessary:
1. In the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations or animal control violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.
2. In the case of seeking consent to apply for the issuance of a work permit pursuant to subdivision H of § 16.1-241.
3. In the case of a violation of § 18.2-266 or § 29.1-738, or the
commission of any other alcohol-related offense, provided the child
juvenile is released to the custody of a parent or legal guardian pending
the initial court date. The officer releasing a child juvenile
to the custody of a parent or legal guardian shall issue a summons to the
child juvenile and shall also issue a summons requiring the
parent or legal guardian to appear before the court with the child
juvenile. Disposition of the charge shall be in the manner provided in
§ 16.1-278.8 or § 16.1-278.9. If the child juvenile so
charged with a violation of § 18.2-266 or § 29.1-738 refuses to
provide a sample of blood or breath or samples of both blood and breath for
chemical analysis pursuant to §§ 18.2-268.1 through 18.2-268.12 or
§ 29.1-738.2, the provisions of these sections shall be followed except
that the magistrate shall authorize execution of the warrant as a summons. The
summons shall be served on a parent or legal guardian and the child
juvenile, and a copy of the summons shall be forwarded to the court in
which the violation of § 18.2-266 or § 29.1-738 is to be tried.
4. In cases of divorce, annulment or affirmation of marriage, separate maintenance, equitable distribution based on a foreign decree, and judicial review of school board actions and of hearing officer decisions.
5. In the case of offenses which, if committed by an adult would be punishable as Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in § 16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.
G. Failure to comply with the procedures set forth in this section shall not divest the family court of the jurisdiction granted it in § 16.1-241.
§ 16.1-263. Summonses.
A. After a petition has been filed, the court shall direct the issuance of
summonses, one directed to the child juvenile, if the child
juvenile is twelve or more years of age, and another to the parents,
guardian, legal custodian or other person standing in loco parentis, and such
other persons as appear to the court to be proper or necessary parties to the
proceedings. The summons shall require them to appear personally before the
court at the time fixed to answer or testify as to the allegations of the
petition. Where the custodian is summoned and such person is not the parent of
the child juvenile in question, the parent shall also be served
with a summons. The court may direct that other proper or necessary parties to
the proceedings be notified of the pendency of the case, the charge and the
time and place for the hearing.
B. The summons shall advise the parties of their right to counsel as provided in § 16.1-266. A copy of the petition shall accompany each summons for the initial proceedings. The summons shall include notice that in the event that the juvenile is committed to the Department or to a secure local facility, the parent or other person legally obligated to care for and support the juvenile may be required to pay a reasonable sum for support and treatment of the juvenile pursuant to § 16.1-290. Notice of subsequent proceedings shall be provided to all parties in interest. In all cases where a party is represented by counsel and counsel has been provided with a copy of the petition and due notice as to time, date and place of the hearing, such action shall be deemed due notice to such party, unless such counsel has notified the court that he no longer represents such party.
C. The judge may endorse upon the summons an order directing the parents,
guardian or other custodian having the custody or control of the child
juvenile to bring the child juvenile to the hearing.
D. A party, other than the child juvenile, may waive service of
summons by written stipulation or by voluntary appearance at the hearing.
E. No such summons or notification shall be required if the judge shall certify on the record that the identity of a parent or guardian is not reasonably ascertainable. An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit.
§ 16.1-263. (Delayed effective date) Process.
A. After a petition has been filed, the court shall direct the issuance of
summonses, one directed to the child juvenile, if the child
juvenile is twelve or more years of age, and another to the parents,
guardian, legal custodian or other person standing in loco parentis, and such
other persons as appear to the court to be proper or necessary parties to the
proceedings. The summons shall require them to appear personally before the
court at the time fixed to answer or testify as to the allegations of the
petition. The summons shall include notice that in the event that the
juvenile is committed to the Department or to a secure local facility, the
parent or other person legally obligated to care for and support the juvenile
may be required to pay a reasonable sum for maintenance and treatment of the
juvenile pursuant to § 16.1-290. Where the custodian is summoned and
such person is not the parent of the child juvenile in question,
the parent shall also be served with a summons. The court may direct that
other proper or necessary parties to the proceedings be notified of the
pendency of the case, the charge and the time and place for the hearing.
B. The summons shall advise the parties of their right to counsel as provided in § 16.1-266. A copy of the petition shall accompany each summons for the initial proceedings. Notice of subsequent proceedings shall be provided to all parties in interest. In all cases where a party is represented by counsel and counsel has been provided with a copy of the petition and due notice as to time, date and place of the hearing, such action shall be deemed due notice to such party, unless such counsel has notified the court that he no longer represents such party.
C. The judge may endorse upon the summons an order directing the parents,
guardian or other custodian having the custody or control of the child
juvenile to bring the child juvenile to the hearing.
D. A party, other than the child juvenile , may waive service of
summons by written stipulation or by voluntary appearance at the hearing.
E. No such summons or notification shall be required if the judge shall certify on the record that the identity of a parent or guardian is not reasonably ascertainable. An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit.
F. For all cases of divorce, annulment or affirmation of marriage, separate maintenance, equitable distribution based on a foreign decree, adoption, change of name, amendment of a record of birth, and judicial review of school board actions and of hearing officer decisions, process shall be governed by the Rules of the Supreme Court or statute, as appropriate.
§ 16.1-278.8. Delinquent juveniles.
If a juvenile is found to be delinquent, except where such finding involves a refusal to take a blood or breath test in violation of § 18.2-268.2 or a similar ordinance, the juvenile court or the circuit court may make any of the following orders of disposition for his supervision, care and rehabilitation:
1. Enter an order pursuant to the provisions of § 16.1-278;
2. Permit the juvenile to remain with his parent, subject to such conditions and limitations as the court may order with respect to the juvenile and his parent;
3. Order the parent of a juvenile living with him to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile and his parent;
4. Defer disposition for a period of time not to exceed twelve months, after which time the charge may be dismissed by the judge if the juvenile exhibits good behavior during the period for which disposition is deferred;
4a. Defer disposition and place the juvenile in the temporary custody of the Department to attend a Boot Camp Program established pursuant to § 66-13 provided the juvenile (i) is otherwise eligible for commitment to the Department, (ii) has not previously been and is not currently being adjudicated delinquent or found guilty of an offense for which transfer for trial in the circuit court would be authorized pursuant to subsection B or C of § 16.1-269.1 and (iii) has not previously been committed to the Department or attended a Boot Camp Program. Upon the juvenile's withdrawal, removal or refusal to comply with the terms and conditions of participation in the program, he shall be brought before the court for a hearing at which the court may impose any other disposition as authorized by this section which could have been imposed at the time the juvenile was placed in the custody of the Department;
5. Without entering a judgment of guilty and with the consent of the juvenile and his attorney, defer disposition of the delinquency charge for a period not to exceed twelve months and place the juvenile on probation under such conditions and limitations as the court may prescribe. Upon fulfillment of the terms and conditions, the court shall discharge the juvenile and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without adjudication of guilt;
6. Order the parent of a juvenile with whom the juvenile does not reside to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile where the court determines this participation to be in the best interest of the juvenile and other parties concerned and where the court determines it reasonable to expect the parent to be able to comply with such order;
7. Place the juvenile on probation under such conditions and limitations as the court may prescribe, which may include, but are not limited to, compliance with any education plan prepared pursuant to § 22.1-277.1;
8. Impose a fine not to exceed $500 upon such juvenile;
9. Suspend the motor vehicle and driver's license of such juvenile or impose a curfew on the juvenile as to the hours during which he may operate a motor vehicle. Any juvenile whose driver's license is suspended may be referred for an assessment and subsequent referral to appropriate services, upon such terms and conditions as the court may order. The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any juvenile who enters such program for any of the purposes set forth in subsection E of § 18.2-271.1 or for travel to and from school. The restricted permit shall be issued in accordance with the provisions of such subsection. However, only an abstract of the court order which identifies the juvenile and the conditions under which the restricted license is to be issued shall be sent to the Department of Motor Vehicles.
If a curfew is imposed, the juvenile shall surrender his driver's license, which shall be held in the physical custody of the court during any period of curfew restriction. The court shall send an abstract of any order issued under the provisions of this section to the Department of Motor Vehicles, which shall preserve a record thereof. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. A copy of the court order, upon which shall be noted all curfew restrictions, shall be provided to the juvenile and shall contain such information regarding the juvenile as is reasonably necessary to identify him. The juvenile may operate a motor vehicle under the court order in accordance with its terms.
Any juvenile who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 46.2-301.
The Department of Motor Vehicles shall refuse to issue a driver's license to any juvenile denied a driver's license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order imposing the curfew;
10. Require the juvenile to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the juvenile was found to be delinquent;
11. Require the juvenile to participate in a public service project under such conditions as the court prescribes;
12. In case of traffic violations, impose only those penalties which are authorized to be imposed on adults for such violations. However, for those violations punishable by confinement if committed by an adult, confinement shall be imposed only as authorized by this title;
13. Transfer legal custody to any of the following:
a. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the juvenile;
b. A child welfare agency, private organization or facility which is licensed or otherwise authorized by law to receive and provide care for such juvenile. The court shall not transfer legal custody of a delinquent juvenile to an agency, organization or facility outside of the Commonwealth without the approval of the Director; or
c. The local board of public welfare or social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the juvenile has residence if other than the county or city in which the court has jurisdiction. The board shall accept the juvenile for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, such local board may be required to temporarily accept a juvenile for a period not to exceed fourteen days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this subdivision shall prohibit the commitment of a juvenile to any local board of public welfare or social services in the Commonwealth when such local board consents to the commitment. The board to which the juvenile is committed shall have the final authority to determine the appropriate placement for the juvenile. Any order authorizing removal from the home and transferring legal custody of a juvenile to a local board of public welfare or social services as provided in this subdivision shall be entered only upon a finding by the court that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the juvenile, and the order shall so state;
14. Commit the juvenile to the Department of Youth and Family Services, but only if he is older than ten years of age and the current offense is (i) an offense which would be a felony if committed by an adult or (ii) an offense which would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been found to be delinquent based on an offense which would be either a felony or Class 1 misdemeanor if committed by an adult;
15. Impose the penalty authorized by § 16.1-284;
16. Impose the penalty authorized by § 16.1-284.1;
17. Impose the penalty authorized by § 16.1-285.1; or
18. Impose the penalty authorized by § 16.1-278.9.
§ 16.1-278.8. (Delayed effective date) Delinquent juveniles.
If a juvenile is found to be delinquent, except where such finding involves a refusal to take a blood or breath test in violation of § 18.2-268.2 or a similar ordinance, the family court or the circuit court may make any of the following orders of disposition for his supervision, care and rehabilitation:
1. Enter an order pursuant to the provisions of § 16.1-278;
2. Permit the juvenile to remain with his parent, subject to such conditions and limitations as the court may order with respect to the juvenile and his parent;
3. Order the parent of a juvenile living with him to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile and his parent;
4. Defer disposition for a period of time not to exceed twelve months, after which time the charge may be dismissed by the judge if the juvenile exhibits good behavior during the period for which disposition is deferred;
4a. Defer disposition and place the juvenile in the temporary custody of the Department to attend a Boot Camp Program established pursuant to § 66-13 provided the juvenile (i) is otherwise eligible for commitment to the Department, (ii) has not previously been and is not currently being adjudicated delinquent or found guilty of an offense for which transfer for trial in the circuit court would be authorized pursuant to subsection B or C of § 16.1-269.1 and (iii) has not previously been committed to the Department or attended a Boot Camp Program. Upon the juvenile's withdrawal, removal or refusal to comply with the terms and conditions of participation in the program, he shall be brought before the court for a hearing at which the court may impose any other disposition as authorized by this section which could have been imposed at the time the juvenile was placed in the custody of the Department;
5. Without entering a judgment of guilty and with the consent of the juvenile and his attorney, defer disposition of the delinquency charge for a period not to exceed twelve months and place the juvenile on probation under such conditions and limitations as the court may prescribe. Upon fulfillment of the terms and conditions, the court shall discharge the juvenile and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without adjudication of guilt;
6. Order the parent of a juvenile with whom the juvenile does not reside to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile where the court determines this participation to be in the best interest of the juvenile and other parties concerned and where the court determines it reasonable to expect the parent to be able to comply with such order;
7. Place the juvenile on probation under such conditions and limitations as the court may prescribe, which may include, but are not limited to, compliance with any education plan prepared pursuant to § 22.1-277.1;
8. Impose a fine not to exceed $500 upon such juvenile;
9. Suspend the motor vehicle and driver's license of such juvenile or impose a curfew on the juvenile as to the hours during which he may operate a motor vehicle. Any juvenile whose driver's license is suspended may be referred for an assessment and subsequent referral to appropriate services, upon such terms and conditions as the court may order. The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any juvenile who enters such program for any of the purposes set forth in subsection E of § 18.2-271.1 or for travel to and from school. The restricted permit shall be issued in accordance with the provisions of such subsection. However, only an abstract of the court order which identifies the juvenile and the conditions under which the restricted license is to be issued shall be sent to the Department of Motor Vehicles.
If a curfew is imposed, the juvenile shall surrender his driver's license, which shall be held in the physical custody of the court during any period of curfew restriction. The court shall send an abstract of any order issued under the provisions of this section to the Department of Motor Vehicles, which shall preserve a record thereof. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. A copy of the court order, upon which shall be noted all curfew restrictions, shall be provided to the juvenile and shall contain such information regarding the juvenile as is reasonably necessary to identify him. The juvenile may operate a motor vehicle under the court order in accordance with its terms.
Any juvenile who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 46.2-301.
The Department of Motor Vehicles shall refuse to issue a driver's license to any juvenile denied a driver's license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order imposing the curfew;
10. Require the juvenile to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the juvenile was found to be delinquent;
11. Require the juvenile to participate in a public service project under such conditions as the court prescribes;
12. In case of traffic violations, impose only those penalties which are authorized to be imposed on adults for such violations. However, for those violations punishable by confinement if committed by an adult, confinement shall be imposed only as authorized by this title;
13. Transfer legal custody to any of the following:
a. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the juvenile;
b. A child welfare agency, private organization or facility which is licensed or otherwise authorized by law to receive and provide care for such juvenile. The court shall not transfer legal custody of a delinquent juvenile to an agency, organization or facility outside of the Commonwealth without the approval of the Director; or
c. The local board of public welfare or social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the juvenile has residence if other than the county or city in which the court has jurisdiction. The board shall accept the juvenile for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, such local board may be required to temporarily accept a juvenile for a period not to exceed fourteen days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this subdivision shall prohibit the commitment of a juvenile to any local board of public welfare or social services in the Commonwealth when such local board consents to the commitment. The board to which the juvenile is committed shall have the final authority to determine the appropriate placement for the juvenile. Any order authorizing removal from the home and transferring legal custody of a juvenile to a local board of public welfare or social services as provided in this subdivision shall be entered only upon a finding by the court that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the juvenile, and the order shall so state;
14. Commit the juvenile to the Department of Youth and Family Services, but only if he is older than ten years of age and the current offense is (i) an offense which would be a felony if committed by an adult or (ii) an offense which would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been found to be delinquent based on an offense which would be either a felony or Class 1 misdemeanor if committed by an adult;
15. Impose the penalty authorized by § 16.1-284;
16. Impose the penalty authorized by § 16.1-284.1;
17. Impose the penalty authorized by § 16.1-285.1; or
18. Impose the penalty authorized by § 16.1-278.9.
§ 16.1-284. When adult sentenced for juvenile offense.
Until June 30, 1986, if a child fifteen years of age or older is charged
with an offense which if committed by an adult would be a felony and the court
after receipt of a social history compiled pursuant to § 16.1-273 for this
case or a prior case which was adjudicated within twelve months from the
adjudication in this case finds that (i) such child is not, in the opinion of
the court, amenable to treatment or rehabilitation as a juvenile through
available facilities, considering such factors as the nature of the present
offense or the nature of the child's prior delinquency record, the nature of
the past treatment efforts and the nature of the child's response to past
treatment efforts and (ii) the interests of the community require that the
child be placed under legal restraint or discipline, then the court, in such
cases, may impose the penalties which are authorized to be imposed on adults
for such violations, not to exceed twelve months in jail for a single offense
or multiple offenses and subject to the provisions of § 16.1-249 B (i),
(ii) and (iii). After June 30, 1986, such penalties may be imposed only in the
case of an When the juvenile court sentences an adult who has
committed, before attaining the age of eighteen, an offense which would be a
crime if committed by an adult, the court may impose the penalties which are
authorized to be imposed on adults for such violations, not to exceed the
punishment for a Class 1 misdemeanor for a single offense or multiple
offenses.
§ 16.1-284.1. Placement in secure local facility.
A. If a child juvenile fourteen years of age or older is found
to have committed an offense which if committed by an adult would be punishable
by confinement in a state or local correctional facility as defined in §
53.1-1, and the court determines (i) after receipt of a social history
compiled pursuant to § 16.1-273 that the child juvenile
has not previously been found guilty of a delinquent act within the
preceding twelve months, (ii) that the interests of the child
juvenile and the community require that the child
juvenile be placed under legal restraint or discipline, and (iii) that
other placements authorized by this title will not serve the best interests of
the child juvenile, then the court may order the child
juvenile confined in a detention home or other secure facility for
juveniles for a period not to exceed thirty calendar days from the date the
order is entered, inclusive of time served in a detention home or other secure
facility, for a single offense or multiple offenses.
B. If a child juvenile fourteen years of age or older is found to
have committed an offense which if committed by an adult would be punishable by
confinement in a state or local correctional facility as defined in §
53.1-1, and the court determines (i) after receipt of a social history compiled
within the immediately preceding twelve months pursuant to § 16.1-273
that the child juvenile has been adjudged a delinquent within the
immediately preceding twelve months and has failed to respond to past treatment
efforts, (ii) that the child juvenile is amenable to continued
treatment efforts in the community, and (iii) the interests of the community
and the child juvenile require that the child juvenile
be placed under legal restraint or discipline, based on the nature of the
present offense, the nature of the child's juvenile's prior
delinquency record, and the nature of the past treatment efforts, then the
court may order the child juvenile committed to the Department,
but suspend such commitment and order the child juvenile confined
in a detention home or other secure facility for juveniles for a period not to
exceed six months, inclusive of time served in detention while awaiting
disposition, for a single offense or for multiple offenses. In suspending the
commitment to the Department as provided for in this subsection, the court
shall specify conditions for the child'sjuvenile's participation
in one or more community treatment programs as may be appropriate for the
child's juvenile's rehabilitation.
C. During any period of confinement ordered pursuant to this section, the court
shall conduct a mandatory review hearing at least once during each thirty days
of the period of confinement and at such other times upon the request of the
child's juvenile's probation officer, for good cause shown. If it
appears at such hearing that the purpose of the order of confinement has been
achieved, the child juvenile shall be released on probation for
such period and under such conditions as the court may specify and remain
subject to the order suspending commitment to the State Department of Youth and
Family Services. If the court determines at the first or any subsequent review
hearing that the child juvenile is consistently failing to comply
with the conditions specified by the court or the policies and program
requirements of the facility, then the court shall order that the child
juvenile either be (i) released under such conditions as the court
may specify subject to the suspended commitment, or (ii) committed to
the State Department of Youth and Family Services pursuant to § 16.1-291.
If the court determines at the first or any subsequent review hearing that the
child juvenile is not actively involved in any community
treatment program through no fault of his own, then the court shall order that
the child juvenile be released under such conditions as the court
may specify subject to the suspended commitment.
D. A child juvenile may only be ordered confined pursuant to this
section to a facility in compliance with standards established by the State
Board for such placements; standards. Standards for these
facilities shall have regard for reasonable utilization of these facilities and
the requirements of § 16.1-309.4, consistent with the intent of this
section.
E. The Department of Youth and Family Services shall assist the localities or combinations thereof in implementing this section consistent with the statewide plan required by § 16.1-309.4 and pursuant to standards promulgated by the State Board, in order to ensure the availability and reasonable access of each court to the facilities the use of which is authorized by this section.
§ 16.1-290. Support of committed juvenile; support from estate of juvenile.
A. Whenever legal custody of a juvenile is vested by the court in someone other
than his parents, or whenever a juvenile is placed in temporary shelter care
regardless of whether or not legal custody is retained by his parents, is
placed in temporary custody of the Department pursuant to subdivision 4a of
§ 16.1-278.8 or is committed to a secure local facility, after due
notice to the parents or other persons legally obligated to care for and
support the juvenile, and after an investigation and hearing, the court shall
order and decree that the parent or other legally obligated person shall pay,
in such a manner and amount commensurate with ability to pay, as the
court may direct, a reasonable sum commensurate with the ability to pay,
that will cover in whole or in all or part of the cost of
support and treatment of the juvenile after the decree is entered. If the
parent or other legally obligated person willfully fails or refuses to pay such
sum, the court may proceed against him for contempt, or the order may be filed
and shall have the effect of a civil judgment.
If a juvenile or his family is receiving benefits from any state or federal agency, the court shall forward notice of the commitment and the terms of any reimbursement ordered pursuant to this subsection to the agency providing the benefits.
B. If a juvenile has an estate in the hands of a guardian or trustee, the guardian or trustee may be required to pay for his education and maintenance so long as there may be funds for that purpose.
C. Whenever a juvenile is placed in foster care by the court, the court shall order and decree that the parent or other legally obligated person shall pay the Department of Social Services pursuant to §§ 20-108.1, 20-108.2, 63.1-204.2, and 63.1-251.3.
§ 16.1-293. Supervision of juvenile during commitment and on parole; placing juvenile in halfway house.
At such time as the court commits a child juvenile to the
Department, it shall determine whether the juvenile and domestic relations
district court service unit or the local department of public welfare or social
services shall maintain contact with the child juvenile during
the child'sjuvenile's commitment. Except in exceptional cases,
the court shall designate the local department to maintain contact with the
child juvenile during commitment only when the child
juvenile was in the custody of the local department immediately prior to
his commitment to the Department. The Department shall return a child
juvenile to the previously designated local supervising agency and
shall consult with the local supervising agency two weeks prior to such release
on parole supervision concerning return of the child juvenile to
the local agency, unless there is an agreement for an earlier release. However,
when any child juvenile is committed to the Department by a
circuit court, the child juvenile may, upon request of the judge,
be returned to the committing court by the Department.
The local supervising agency shall be responsible for the development of a re-enrollment plan, in accordance with § 22.1-17.1, for each juvenile of compulsory school age or of age of eligibility for special education, with the assistance of representatives from the Department of Correctional Education and the local school division and with the juvenile correctional center counselor. Education information shall be shared by all parties at the point of commitment and prior to the juvenile's scheduled discharge, in accordance with § 22.1-289. Prior to the juvenile's scheduled discharge, the local school division superintendent where the juvenile will be enrolled shall identify the juvenile's education placement, which may include alternative education in accordance with § 22.1-277.1, and the re-enrollment plan shall be finalized.
The local supervising agency shall furnish the child juvenile a
written statement of the conditions of his parole and shall instruct him
regarding the same. The conditions of the re-enrollment plan may be included
in the conditions of parole. Violations of parole shall be heard by the
court pursuant to § 16.1-291. The director of the supervising agency may
approve termination of parole supervision.
In the event it is determined by the juvenile and domestic relations district
court that a childjuvenile may benefit from placement in the
halfway house program operated by the Department, the child juvenile
may be referred for care and treatment to a halfway house. Children
Juveniles so placed in a halfway house shall remain in parole status
and cannot be transferred or otherwise placed in another institutional setting
or institutional placement operated by the Department except as elsewhere
provided by law for those children juveniles who have violated
their parole status.
§ 16.1-293. (Delayed effective date) Supervision of juvenile during commitment and on parole; placing juvenile in halfway house.
At such time as the court commits a child juvenile to the
Department, it shall determine whether the family court service unit or the
local department of public welfare or social services shall maintain contact
with the child juvenile during the
child'sjuvenile's commitment. Except in exceptional cases, the
court shall designate the local department to maintain contact with the
child juvenile during commitment only when the child
juvenile was in the custody of the local department immediately
prior to his commitment to the Department. The Department shall return a
child juvenile to the previously designated local supervising
agency and shall consult with the local supervising agency two weeks prior to
such release on parole supervision concerning return of the child
juvenile to the local agency, unless there is an agreement for an earlier
release. However, when any child juvenile is committed to the
Department by a circuit court, the child juvenile may, upon
request of the judge, be returned to the committing court by the Department.
The local supervising agency shall be responsible for the development of a re-enrollment plan, in accordance with § 22.1-17.1, for each juvenile of compulsory school age or of age of eligibility for special education, with the assistance of representatives from the Department of Correctional Education and the local school division and with the juvenile correctional center counselor. Education information shall be shared by all parties at the point of commitment and prior to the juvenile's scheduled discharge, in accordance with § 22.1-289. Prior to the juvenile's scheduled discharge, the local school division superintendent where the juvenile will be enrolled shall identify the juvenile's education placement, which may include alternative education in accordance with § 22.1-277.1, and the re-enrollment plan shall be finalized.
The local supervising agency shall furnish the child juvenile a
written statement of the conditions of his parole and shall instruct him
regarding the same. Violations of parole shall be heard by the court pursuant
to § 16.1-291. The conditions of the re-enrollment plan may be included
in the conditions of parole. The director of the supervising agency may
approve termination of parole supervision.
In the event it is determined by the family court that a child
juvenile may benefit from placement in the halfway house program operated
by the Department, the child juvenile may be referred for care
and treatment to a halfway house. Children Juveniles so placed
in a halfway house shall remain in parole status and cannot be transferred or
otherwise placed in another institutional setting or institutional placement
operated by the Department except as elsewhere provided by law for those
children juveniles who have violated their parole status.
§ 19.2-311. Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department.
A. The judge, after a finding of guilt, when fixing punishment in those cases specifically enumerated in subsection B of this section, may, in his discretion, in lieu of imposing any other penalty provided by law and, with consent of the person convicted, commit such person for a period of four years, which commitment shall be indeterminate in character. Subject to the provisions of subsection C hereof, such persons shall be committed to the Department of Corrections for initial confinement for a period not to exceed three years. Such confinement shall be followed by at least one year of supervisory parole, conditioned on good behavior, but such parole period shall not, in any case, continue beyond the four-year period. The sentence of indeterminate commitment and eligibility for continuous evaluation and parole under § 19.2-313 shall remain in effect but eligibility for use of programs and facilities specified in § 53.1-64 shall lapse if such person (i) voluntarily withdraws from the youthful offender program, (ii) exhibits intractable behavior as defined in § 53.1-66, or (iii) is convicted of a second criminal offense which is a felony. A sentence imposed for any second criminal offense shall run consecutively with the indeterminate sentence.
B. The provisions of subsection A of this section shall be applicable to first convictions in which the person convicted:
1. Committed the offense of which convicted after becoming eighteen but before
becoming twenty-one years of age, or was a juvenile certified for trial as
an adult under the provisions of § 16.1-269.6 or § 16.1-272;
2. Was convicted of an offense which is either (i) a felony not punishable as a
Class 1 felony, or (ii) a misdemeanor involving injury to a person or
damage to or destruction of property; and
3. Is considered by the judge to be capable of returning to society as a productive citizen following a reasonable amount of rehabilitation.
C. Subsequent to a finding of guilt and prior to fixing punishment, the Department of Corrections and the Parole Board shall, concurrently with the evaluation required by § 19.2-316, review all aspects of the case to determine whether (i) such indeterminate sentence of commitment is in the best interest of the Commonwealth and of the person convicted and (ii) facilities are available for the confinement of such person. After the review such person shall be again brought before the court, which shall review the findings of the Department and the Parole Board. The court may impose a sentence as authorized in subsection A, or any other penalty provided by law.
§ 22.1-277.1. Disciplinary authority of school boards under certain circumstances.
A school board may, in accordance with the procedures set forth in § 22.1-277, require any student who has been (i) charged with an offense relating to the Commonwealth's laws, or with a violation of school board policies, on weapons, alcohol or drugs, or intentional injury to another person; (ii) found guilty or not innocent of a crime which resulted in or could have resulted in injury to others, or of a crime for which the disposition ordered by a court is required to be disclosed to the superintendent of the school division pursuant to § 16.1-305.1; or (iii) expelled pursuant to § 22.1-277.01, to attend an alternative education program, including, but not limited to, night school, adult education, or any other educational program designed to offer instruction to students for whom the regular program of instruction may be inappropriate. A school board may require such student to attend such programs regardless of where the crime occurred.
When a superintendent of a local school division receives notice of the filing of a petition from the court or court services unit in accordance with § 16.1-260 or regarding the completion of a juvenile's social history, the superintendent shall identify the juvenile's educational placement services and progress and inform the court. When a superintendent receives notice of a juvenile's return to the community following commitment or sentence, the superintendent or his designee shall participate in the development of a re-enrollment plan in compliance with the regulations for re-enrollment according to § 22.1-17.1.
In the case of juveniles who have been expelled from school in accordance with § 22.1-277, the court may not order a local school board to re-enroll the juvenile.
As used in this section, the term "charged" means that a petition or warrant has been filed or is pending against a pupil.
§ 66-13. Authority of Department as to juveniles committed to it; establishment of facilities; arrangements for temporary care.
The Department is authorized and empowered to receive
childrenjuveniles committed to it by the courts of the
Commonwealth pursuant to § 16.1-278.8. The Department shall establish,
staff and maintain facilities for the rehabilitation, training and confinement
of such childrenjuveniles. The Department may make arrangements
with satisfactory persons, institutions or agencies, or with cities or counties
maintaining places of detention for childrenjuveniles, for the
temporary care of such childrenjuveniles.
The Department shall establish, or contract with private entities, localities or commissions, to establish juvenile boot camps. The Board shall prescribe standards for the development, implementation and operation of the boot camps with highly structured components including, but not limited to, military style drill and ceremony, physical labor and rigid discipline. The Department of Correctional Education shall establish, staff, and maintain education for such juveniles in accordance with Chapter 18 (§ 22.1-339 et seq.) of Title 22.1.
§ 66-24. Community group homes and other residential facilities for certain juveniles; personnel.
The Department is authorized to establish and maintain such a system of
community group homes or other residential care facilities as the Department
may from time to time acquire, construct, contract for or rent for the
care of children juveniles in direct state care, pending
development of more permanent placement plans. Such placement plans shall
consider adequate care and treatment, and suitable education, training and
employment for such children juveniles, as is appropriate. The
Department is further authorized to employ necessary personnel for such
facilities or to contract with private entities for their operation. The
Board shall adopt such regulations for the operation of such facilities as it
may deem appropriate.
2. That beginning July 1, 1996, the magistrate training program established by Committee on District Courts pursuant to § 19.2-38 shall include a component addressing the issuance of warrants and detention orders in juvenile cases.