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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
967974208Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-116.08, 9-169, 16.1-227, 16.1-248.1, 16.1-249, 16.1-261, 16.1-274.1, 16.1-284, 16.1-284.1, 16.1-285, 16.1-285.1, 16.1-285.2, 16.1-290, 16.1-301, 16.1-303, 16.1-305.1, 16.1-308, 16.1-309.4, 18.2-473, 19.2-3.1, 19.2-311, 19.2-388, 19.2-389, 19.2-389.1, 19.2-390, 19.2-392.01, 22.1-209.1:2, 22.1-344, 29.1-317, 53.1-66, 66-10, 66-13 and 66.24 of the Code of Virginia, and §§ 16.1-228, 16.1-241, 16.1-255, 16.1-256, 16.1-260, 16.1-263, 16.1-269.1, 16.1-269.3, 16.1-269.4, 16.1-269.6, 16.1-272, 16.1-278.8, 16.1-293, 16.1-299, 16.1-302, 16.1-305, 16.1-307 and 16.1-309 of the Code of Virginia, as they are currently effective and as they may become effective are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 16.1-248.2, 16.1-299.1, 16.1-302.1, 22.1-277.3, 22.1-277.4 and 53.1-63.1 as follows:
§ 2.1-116.08. Certain employees of the Departments of Corrections and Youth and Family Services.
A. Employees of the Departments of Corrections and Youth and Family Services
who work in institutions or learning juvenile correctional
centers or have client, inmate, or resident contact and who are terminated on
the grounds of client, inmate, or resident abuse, criminal conviction, or as a
result of being placed on probation under the provisions of § 18.2-251,
may appeal their termination only through the grievance resolution steps.
B. If no resolution is reached by the conclusion of the last grievance step, the employee may advance the grievance to the circuit court of the jurisdiction in which the grievance occurred for a de novo hearing on the merits. In its discretion, the court may refer the matter to a commissioner in chancery to take such evidence as may be proper and to make a report to the court. Both the grievant and the respondent may call upon appropriate witnesses and be represented by legal counsel or other representatives before the court or the commissioner in chancery. Such representatives may examine, cross-examine, question and present evidence on behalf of the grievant or respondent before the court or commissioner in chancery without being in violation of the provisions of § 54.1-3904.
C. A termination shall be upheld unless shown to have been unwarranted by the facts or contrary to law or policy. The decision of the court shall be final and binding.
§ 9-169. Definitions.
The following words, whenever used in this chapter, or in Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, shall have the following meanings, unless the context otherwise requires:
1. "Administration of criminal justice" means performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders or the collection, storage, and dissemination of criminal history record information.
2. "Board" means the Criminal Justice Services Board.
3. "Criminal justice agency" means (i) a court or any other governmental agency or subunit thereof which as its principal function performs the administration of criminal justice and any other agency or subunit thereof which performs criminal justice activities, but only to the extent that it does so and (ii) for the purposes of Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, any private corporation or agency which, within the context of its criminal justice activities employs officers appointed under § 15.1-144, or special conservators of the peace or special policemen appointed under Chapter 2 (§ 19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation or agency requires its officers, special conservators or special policemen to meet compulsory training standards established by the Criminal Justice Services Board and submits reports of compliance with the training standards and (b) the private corporation or agency complies with the provisions of Article 3 (§ 9-184 et seq.) of Chapter 27 of Title 9 but only to the extent that the private corporation or agency so designated as a "criminal justice agency" performs criminal justice activities.
4. "Criminal history record information" means records and data collected by
criminal justice agencies on adult individuals consisting of
identifiable descriptions and notations of arrests, detentions, indictments,
informations, or other formal charges, and any disposition arising therefrom.
The term shall not include juvenile record information which is controlled
by Chapter 11 (§ 16.1-226 et seq.) of Title 16.1, criminal justice
intelligence information, criminal justice investigative information, or
correctional status information.
5. "Correctional status information" means records and data concerning each condition of a convicted person's custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.
6. "Criminal justice information system" means a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.
7. "Department" means the Department of Criminal Justice Services.
8. "Dissemination" means any transfer of information, whether orally, in writing, or by electronic means. The term does not include access to the information by officers or employees of a criminal justice agency maintaining the information who have both a need and right to know the information.
9. "Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth, and shall include any special agent of the Department of Alcoholic Beverage Control, any police agent appointed under the provisions of § 56-353, any officer of the Virginia Marine Patrol, any game warden who is a full-time sworn member of the enforcement division of the Department of Game and Inland Fisheries, any agent, investigator, or inspector appointed under § 56-334 or any investigator who is a full-time sworn member of the security division of the State Lottery Department. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office. Full-time sworn members of the enforcement division of the Department of Motor Vehicles meeting the Department of Criminal Justice Services qualifications shall be deemed to be "law-enforcement officers" when fulfilling their duties pursuant to § 46.2-217.
10. "Conviction data" means information in the custody of any criminal justice agency relating to a judgment of conviction, and the consequences arising therefrom, in any court.
§ 16.1-227. Purpose and intent.
This law shall be construed liberally and as remedial in character, and the
powers hereby conferred are intended to be general to effect the beneficial
purposes herein set forth. It is the intention of this law that in all
proceedings the welfare of the child and the family is , the safety
of the community and the protection of the rights of victims are the
paramount concern concerns of the Commonwealth and to the end
that this humane purpose these purposes may be attained, the
judge shall possess all necessary and incidental powers and authority, whether
legal or equitable in their nature.
This law shall be interpreted and construed so as to effectuate the following purposes:
1. To divert from or within the juvenile justice system, to the extent possible, consistent with the protection of the public safety, those children who can be cared for or treated through alternative programs;
2. To provide judicial procedures through which the provisions of this law are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other rights are recognized and enforced;
3. To separate a child from such child's parents, guardian, legal custodian or other person standing in loco parentis only when the child's welfare is endangered or it is in the interest of public safety and then only after consideration of alternatives to out-of-home placement which afford effective protection to the child, his family, and the community; and
4. To protect the community against those acts of its citizens, both juveniles and adults, which are harmful to others and to reduce the incidence of delinquent behavior and to hold offenders accountable for their behaviors.
§ 16.1-228. Definitions.
When used in this chapter, unless the context otherwise requires:
"Abused or neglected child" means any child:
1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions;
2. Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child;
3. Whose parents or other person responsible for his care abandons such child;
4. Whose parents or other person responsible for his care commits or allows to be committed any sexual act upon a child in violation of the law; or
5. Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian or other person standing in loco parentis.
"Adoptive home" means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.
"Adult" means a person eighteen years of age or older.
"Ancillary crime" or "ancillary charge" means any delinquent act committed by a juvenile as a part of the same act or transaction as, or which constitutes a part of a common scheme or plan with, a delinquent act which would be a felony if committed by an adult.
"Boot camp" means a short term secure or nonsecure juvenile residential facility with highly structured components including, but not limited to, military style drill and ceremony, physical labor, education and rigid discipline, and no less than six months of intensive aftercare.
"Child," "juvenile" or "minor" means a person less than eighteen years of age.
"Child welfare agency" means a child-placing agency, child-caring institution or independent foster home as defined in § 63.1-195.
"Child in need of services" means a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone.
However, to find that a child falls within these provisions, (i) the conduct complained of must present a clear and substantial danger to the child's life or health or (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child in need of supervision" means:
1. A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child's particular educational needs, and (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child's regular attendance without success; or
2. A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or habitually deserts or abandons his family or lawful custodian or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child's life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"The court" or the "juvenile court" or the "juvenile and domestic relations court" means the juvenile and domestic relations district court of each county or city.
"Delinquent act" means (i) an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law, (ii) a violation of § 18.2-308.7 or (iii) a violation of a court order as provided for in § 16.1-292, but shall not include an act other than a violation of § 18.2-308.7, which is otherwise lawful, but is designated a crime only if committed by a child. For purposes of §§ 16.1-241 and 16.1-278.9, the term shall include a refusal to take a blood or breath test in violation of § 18.2-268.2 or a similar ordinance of any county, city or town.
"Delinquent child" means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his eighteenth birthday, except where the jurisdiction of the juvenile court has been terminated under the provisions of § 16.1-269.6.
"Department" means the Department of Youth and Family Services and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law.
"Family abuse" means any act of violence, including any forceful detention, which results in physical injury or places one in reasonable apprehension of serious bodily injury and which is committed by a person against such person's family or household member.
"Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, grandparents and grandchildren who reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous twelve months, cohabited with the person, and any children of either of them then residing in the same home with the person.
"Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in § 63.1-248.2 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, or (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293.
"Intake officer" means a juvenile probation officer appointed as such pursuant to the authority of this chapter.
"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in § 53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.
"The judge" means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.
"This law" or "the law" means the Juvenile and Domestic Relations District Court Law embraced in this chapter.
"Legal custody" means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107.2.
"Permanent foster care placement" means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§ 63.1-56 and 63.1-206.1 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to § 16.1-251 or § 63.1-248.9. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child's needs on a long-term basis.
"Secure facility" or "detention home" means a local or , regional
or state public or private locked residential facility which has
construction fixtures designed to prevent escape and to restrict the movement
and activities of children held in lawful custody.
"Shelter care" means the temporary care of children in physically unrestricting facilities.
"State Board" means the State Board of Youth and Family Services.
"Status offender" means a child who commits an act prohibited by law which would not be criminal if committed by an adult.
"Status offense" means an act prohibited by law which would not be an offense if committed by an adult.
"Residual parental rights and responsibilities" means all rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including but not limited to the right of visitation, consent to adoption, the right to determine religious affiliation and the responsibility for support.
"Violent juvenile felony" means any of the delinquent acts enumerated in subsection B or C of § 16.1-269.1 when committed by a juvenile fourteen years of age or older.
§ 16.1-228. (Delayed effective date) Definitions.
When used in this chapter, unless the context otherwise requires:
"Abused or neglected child" means any child:
1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions;
2. Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child;
3. Whose parents or other person responsible for his care abandons such child;
4. Whose parents or other person responsible for his care commits or allows to be committed any sexual act upon a child in violation of the law; or
5. Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian or other person standing in loco parentis.
"Adoptive home" means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.
"Adult" means a person eighteen years of age or older.
"Ancillary crime" or "ancillary charge" means any delinquent act committed by a juvenile as a part of the same act or transaction as, or which constitutes a part of a common scheme or plan with, a delinquent act which would be a felony if committed by an adult.
"Boot camp" means a short term secure or nonsecure juvenile residential facility with highly structured components including, but not limited to, military style drill and ceremony, physical labor, education and rigid discipline, and no less than six months of intensive aftercare.
"Child," "juvenile" or "minor" means a person less than eighteen years of age.
"Child welfare agency" means a child-placing agency, child-caring institution or independent foster home as defined in § 63.1-195.
"Child in need of services" means a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone.
However, to find that a child falls within these provisions, (i) the conduct complained of must present a clear and substantial danger to the child's life or health or (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child in need of supervision" means:
1. A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child's particular educational needs, and (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child's regular attendance without success; or
2. A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or habitually deserts or abandons his family or lawful custodian or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child's life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"The court" or the "family court" means the family court of each county or city.
"Delinquent act" means (i) an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law, (ii) a violation of § 18.2-308.7 or (iii) a violation of a court order as provided for in § 16.1-292, but shall not include an act other than a violation of § 18.2-308.7, which is otherwise lawful, but is designated a crime only if committed by a child. For purposes of §§ 16.1-241 and 16.1-278.9, the term shall include a refusal to take a blood or breath test in violation of § 18.2-268.2 or a similar ordinance of any county, city or town.
"Delinquent child" means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his eighteenth birthday, except where the jurisdiction of the family court has been terminated under the provisions of § 16.1-269.6.
"Department" means the Department of Youth and Family Services and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law.
"Family abuse" means any act of violence, including any forceful detention, which results in physical injury or places one in reasonable apprehension of serious bodily injury and which is committed by a person against such person's family or household member.
"Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, grandparents and grandchildren who reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous twelve months, cohabited with the person, and any children of either of them residing in the same home with the person.
"Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in § 63.1-248.2 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, or (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293.
"Intake officer" means a juvenile probation officer appointed as such pursuant to the authority of this chapter.
"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in § 53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.
"The judge" means the judge or the substitute judge of the family court of each county or city.
"This law" or "the law" means the Family Court Law embraced in this chapter.
"Legal custody" means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107.2.
"Permanent foster care placement" means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§ 63.1-56 and 63.1-206.1 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to § 16.1-251 or § 63.1-248.9. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child's needs on a long-term basis.
"Secure facility" or "detention home" means a local or, regional
or state public or private locked residential facility which has
construction fixtures designed to prevent escape and to restrict the movement
and activities of children held in lawful custody.
"Shelter care" means the temporary care of children in physically unrestricting facilities.
"State Board" means the State Board of Youth and Family Services.
"Status offender" means a child who commits an act prohibited by law which would not be criminal if committed by an adult.
"Status offense" means an act prohibited by law which would not be an offense if committed by an adult.
"Residual parental rights and responsibilities" means all rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including but not limited to the right of visitation, consent to adoption, the right to determine religious affiliation and the responsibility for support.
"Violent juvenile felony" means any of the delinquent acts enumerated in subsection B or C of § 16.1-269.1 when committed by a juvenile fourteen years of age or older.
§ 16.1-241. Jurisdiction.
The judges of the juvenile and domestic relations district court elected or appointed under this law shall be conservators of the peace within the corporate limits of the cities and the boundaries of the counties for which they are respectively chosen and within one mile beyond the limits of such cities and counties. Except as hereinafter provided, each juvenile and domestic relations district court shall have, within the limits of the territory for which it is created, exclusive original jurisdiction, and within one mile beyond the limits of said city or county, concurrent jurisdiction with the juvenile court or courts of the adjoining city or county over all cases, matters and proceedings involving:
A. The custody, visitation, support, control or disposition of a child:
1. Who is alleged to be abused, neglected, in need of services, in need of
supervision, a status offender, or delinquent, except where the jurisdiction
of the juvenile court has been terminated under the provisions of §
16.1-269.6;
2. Who is abandoned by his parent or other custodian or who by reason of the absence or physical or mental incapacity of his parents is without parental care and guardianship;
2a. Who is at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in the care of the parent or custodian;
3. Whose custody, visitation or support is a subject of controversy or requires determination. In such cases jurisdiction shall be concurrent with and not exclusive of courts having equity jurisdiction, except as provided in § 16.1-244;
4. Who is the subject of an entrustment agreement entered into pursuant to § 63.1-56 or § 63.1-204 or whose parent or parents for good cause desire to be relieved of his care and custody;
5. Where the termination of residual parental rights and responsibilities is sought. In such cases jurisdiction shall be concurrent with and not exclusive of courts having equity jurisdiction, as provided in § 16.1-244;
6. Who is charged with a traffic infraction as defined in § 46.2-100.
In any case in which the juvenile is alleged to have committed a violent juvenile felony enumerated in subsection B of § 16.1-269.1, and for any charges ancillary thereto, the jurisdiction of the juvenile court shall include conducting a preliminary hearing to determine if there is probable cause to believe that the juvenile committed the act alleged and that the juvenile was fourteen years of age or older at the time of the commission of the alleged offense and to consider and adjudicate any matters related thereto. In any case in which the juvenile is alleged to have committed a violent juvenile felony enumerated in subsection C of § 16.1-269.1, and for all charges ancillary thereto, if the attorney for the Commonwealth has given notice as provided in subsection C of § 16.1-269.1, the jurisdiction of the juvenile court shall include conducting a preliminary hearing to determine if there is probable cause to believe that the juvenile committed the act alleged and that the juvenile was fourteen years of age or older at the time of the commission of the alleged offense and to consider and adjudicate any matters related thereto. A determination by the juvenile court following a preliminary hearing pursuant to subsection B or C of § 16.1-269.1 to certify a charge to the grand jury shall divest the juvenile court of jurisdiction over the charge and any ancillary charge. In any case in which a transfer hearing is held pursuant to subsection A of § 16.1-269.1, if the juvenile court determines to transfer the case, jurisdiction of the juvenile court over the case shall be divested as provided in § 16.1-269.6.
In all other cases involving delinquent acts, and in cases in which an ancillary charge remains after a violent juvenile felony charge has been dismissed, terminated by nolle prosequi or reduced to lesser offenses not constituting a violent juvenile felony, the jurisdiction of the juvenile court shall not be divested unless there is a transfer pursuant to subsection A of § 16.1-269.1.
The authority of the juvenile court to adjudicate matters involving the custody, visitation, support, control or disposition of a child shall not be limited to the consideration of petitions filed by a mother, father or legal guardian but shall include petitions filed at any time by any party with a legitimate interest therein. A party with a legitimate interest shall be broadly construed and shall include, but not be limited to, grandparents, stepparents, former stepparents, blood relatives and family members. A party with a legitimate interest shall not include any person (i) whose parental rights have been involuntarily terminated by court order if the child subsequently has been legally adopted, or (ii) who has been convicted of a violation of subsection A of § 18.2-61 or subsection B of § 18.2-366 when the child who is the subject of the petition was conceived as a result of such violation. The authority of the juvenile court to consider a petition involving the custody of a child shall not be proscribed or limited where the child has previously been awarded to the custody of a local board of social services.
B. The admission of minors for inpatient treatment in a mental health facility in accordance with the provisions of Article 16 (§ 16.1-335 et seq.) of this chapter and the commitment of a mentally ill person or judicial certification of eligibility for admission to a treatment facility of a mentally retarded person in accordance with the provisions of Chapters 1 (§ 37.1-1 et seq.) and 2 (§ 37.1-63 et seq.) of Title 37.1. Jurisdiction of the commitment and certification of adults shall be concurrent with the general district court.
C. Except as provided in subsections D and H hereof, judicial consent to such activities as may require parental consent may be given for a child who has been separated from his parents, guardian, legal custodian or other person standing in loco parentis and is in the custody of the court when such consent is required by law.
D. Judicial consent for emergency surgical or medical treatment for a child who is neither married nor has ever been married, when the consent of his parent, guardian, legal custodian or other person standing in loco parentis is unobtainable because such parent, guardian, legal custodian or other person standing in loco parentis (i) is not a resident of this Commonwealth, (ii) his whereabouts is unknown, (iii) he cannot be consulted with promptness, reasonable under the circumstances or (iv) fails to give such consent or provide such treatment when requested by the judge to do so.
E. Any person charged with deserting, abandoning or failing to provide support for any person in violation of law.
F. Any parent, guardian, legal custodian or other person standing in loco parentis of a child:
1. Who has been abused or neglected;
2. Who is the subject of an entrustment agreement entered into pursuant to § 63.1-56 or § 63.1-204 or is otherwise before the court pursuant to subdivision A 4 of this section;
3. Who has been adjudicated in need of services, in need of supervision, or delinquent, if the court finds that such person has by overt act or omission induced, caused, encouraged or contributed to the conduct of the child complained of in the petition.
G. Petitions filed by or on behalf of a child or such child's parent, guardian, legal custodian or other person standing in loco parentis for the purpose of obtaining treatment, rehabilitation or other services which are required by law to be provided for that child or such child's parent, guardian, legal custodian or other person standing in loco parentis. Jurisdiction in such cases shall be concurrent with and not exclusive of that of courts having equity jurisdiction as provided in § 16.1-244.
H. Judicial consent to apply for work permit for a child when such child is separated from his parents, legal guardian or other person standing in loco parentis.
I. The prosecution and punishment of persons charged with ill-treatment, abuse, abandonment or neglect of children or with any violation of law which causes or tends to cause a child to come within the purview of this law, or with any other offense against the person of a child. In prosecution for felonies over which the court has jurisdiction, jurisdiction shall be limited to determining whether or not there is probable cause.
J. All offenses in which one family or household member is charged with an offense in which another family or household member is the victim and all offenses under § 18.2-49.1.
In prosecution for felonies over which the court has jurisdiction, jurisdiction shall be limited to determining whether or not there is probable cause. Any objection based on jurisdiction under this subsection shall be made before a jury is impaneled and sworn in a jury trial or, in a nonjury trial, before the earlier of when the court begins to hear or receive evidence or the first witness is sworn, or it shall be conclusively waived for all purposes. Any such objection shall not affect or be grounds for challenging directly or collaterally the jurisdiction of the court in which the case is tried. For purposes of this subsection, "family or household member," as defined in § 16.1-228, shall also be construed to include parent and child, stepparent and stepchild, brothers and sisters, and grandparent and grandchild, regardless of whether such persons reside in the same home.
K. Petitions filed by a natural parent, whose parental rights to a child have been voluntarily relinquished pursuant to a court proceeding, to seek a reversal of the court order terminating such parental rights. No such petition shall be accepted, however, after the child has been placed in the home of adoptive parents.
L. Any person who seeks spousal support after having separated from his spouse. A decision under this subdivision shall not be res judicata in any subsequent action for spousal support in a circuit court. A circuit court shall have concurrent original jurisdiction in all causes of action under this subdivision.
M. Petitions filed for the purpose of obtaining an order of protection pursuant to § 16.1-253.1 or § 16.1-279.1.
N. Any person who escapes or remains away without proper authority from a residential care facility in which he had been placed by the court or as a result of his commitment to the Virginia Department of Youth and Family Services.
O. Petitions for emancipation of a minor pursuant to Article 15 (§ 16.1-331 et seq.) of this chapter.
P. Petitions for enforcement of administrative support orders entered pursuant to Chapter 13 (§ 63.1-249 et seq.) of Title 63.1, or by another state in the same manner as if the orders were entered by a juvenile and domestic relations district court upon the filing of a certified copy of such order in the juvenile and domestic relations district court.
Q. Petitions for a determination of parentage pursuant to Chapter 3.1 (§ 20-49.1 et seq.) of Title 20.
R. Petitions for the purpose of obtaining an emergency protective order pursuant to § 16.1-253.4.
S. Petitions filed by school boards against parents pursuant to §§ 16.1-241.2 and 22.1-279.3.
T. Petitions to enforce any request for information or subpoena that is not complied with or to review any refusal to issue a subpoena in an administrative appeal regarding child abuse and neglect pursuant to § 63.1-248.6:1.
U. Petitions filed in connection with parental placement adoption consent hearings, pursuant to § 63.1-220.3. Such proceedings shall be advanced on the docket so as to be heard by the court within ten days of filing of the petition, or as soon thereafter as practicable so as to provide the earliest possible disposition.
The ages specified in this law refer to the age of the child at the time of the acts complained of in the petition.
Notwithstanding any other provision of law no fees shall be charged by a sheriff for the service of any process in a proceeding pursuant to subdivision 3 of subsection A or subsections M or R of this section.
§ 16.1-241. (Delayed effective date) Jurisdiction.
The judges of the family court elected or appointed under this law shall be conservators of the peace within the corporate limits of the cities and the boundaries of the counties for which they are respectively chosen and within one mile beyond the limits of such cities and counties. Except as hereinafter provided, each family court shall have, within the limits of the territory for which it is created, exclusive original jurisdiction, and within one mile beyond the limits of said city or county, concurrent jurisdiction with the family court or courts of the adjoining city or county over all cases, matters and proceedings involving:
A. The custody, visitation, support, control or disposition of a child:
1. Who is alleged to be abused, neglected, in need of services, in need of
supervision, a status offender, or delinquent, except where the jurisdiction
of the family court has been terminated under the provisions of §
16.1-269.6;
2. Who is abandoned by his parent or other custodian or who by reason of the absence or physical or mental incapacity of his parents is without parental care and guardianship;
2a. Who is at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in the care of the parent or custodian;
3. Whose custody, visitation or support is a subject of controversy or requires determination;
4. Who is the subject of an entrustment agreement entered into pursuant to § 63.1-56 or § 63.1-204 or whose parent or parents for good cause desire to be relieved of his care and custody;
5. Where the termination of residual parental rights and responsibilities is sought;
6. Who is charged with a traffic infraction as defined in § 46.2-100.
In any case in which the juvenile is alleged to have committed a violent juvenile felony enumerated in subsection B of § 16.1-269.1, and for any charges ancillary thereto, the jurisdiction of the family court shall include conducting a preliminary hearing to determine if there is probable cause to believe that the juvenile committed the act alleged and that the juvenile was fourteen years of age or older at the time of the commission of the alleged offense and to consider and adjudicate any matters ancillary thereto. In any case in which the juvenile is alleged to have committed a violent juvenile felony enumerated in subsection C of § 16.1-269.1, and for all charges ancillary thereto, if the attorney for the Commonwealth has given notice as provided in subsection C of § 16.1-269.1, the jurisdiction of the family court shall include conducting a preliminary hearing to determine if there is probable cause to believe that the juvenile committed the act alleged and that the juvenile was fourteen years of age or older at the time of the commission of the alleged offense and to consider and adjudicate any matters ancillary thereto. A determination by the family court following a preliminary hearing pursuant to Subsection B or C of § 16.1-269.1 to certify a charge to the grand jury shall divest the family court of jurisdiction over the charge and any ancillary charge. In any case in which a transfer hearing is held pursuant to subsection A of § 16.1-269.1, if the family court determines to transfer the case, jurisdiction of the family court over the case shall be divested as provided in § 16.1-269.6.
In all other cases involving delinquent acts, and in cases in which an ancillary charge remains after a violent juvenile felony charge has been dismissed, terminated by nolle prosequi or reduced to a lesser offense not constituting a violent juvenile felony, the jurisdiction of the family court shall not be divested unless there is a transfer pursuant to Subsection A of § 16.1-269.1.
The authority of the family court to adjudicate matters involving the custody, visitation, support, control or disposition of a child shall not be limited to the consideration of petitions filed by a mother, father or legal guardian but shall include petitions filed at any time by any party with a legitimate interest therein. A party with a legitimate interest shall be broadly construed and shall include, but not be limited to, grandparents, stepparents, former stepparents, blood relatives and family members. A party with a legitimate interest shall not include any person (i) whose parental rights have been involuntarily terminated by court order if the child subsequently has been legally adopted, or (ii) who has been convicted of a violation of subsection A of § 18.2-61 or subsection B of § 18.2-366 when the child who is the subject of the petition was conceived as a result of such violation. The authority of the family court to consider a petition involving the custody of a child shall not be proscribed or limited where the child has previously been awarded to the custody of a local board of social services.
B. The admission of minors for inpatient treatment in a mental health facility in accordance with the provisions of Article 16 (§ 16.1-335 et seq.) of this chapter and the commitment of a mentally ill person or judicial certification of eligibility for admission to a treatment facility of a mentally retarded person in accordance with the provisions of Chapters 1 (§ 37.1-1 et seq.) and 2 (§ 37.1-63 et seq.) of Title 37.1. Jurisdiction of the commitment and certification of adults shall be concurrent with the general district court.
C. Except as provided in subsections D and H hereof, judicial consent to such activities as may require parental consent may be given for a child who has been separated from his parents, guardian, legal custodian or other person standing in loco parentis and is in the custody of the court when such consent is required by law.
D. Judicial consent for emergency surgical or medical treatment for a child who is neither married nor has ever been married, when the consent of his parent, guardian, legal custodian or other person standing in loco parentis is unobtainable because such parent, guardian, legal custodian or other person standing in loco parentis (i) is not a resident of this Commonwealth, (ii) his whereabouts is unknown, (iii) cannot be consulted with promptness, reasonable under the circumstances or (iv) fails to give such consent or provide such treatment when requested by the judge to do so.
E. Any person charged with deserting, abandoning or failing to provide support for any person in violation of law pursuant to Chapter 5 (§ 20-61 et seq.) of Title 20.
F. Any parent, guardian, legal custodian or other person standing in loco parentis of a child:
1. Who has been abused or neglected;
2. Who is the subject of an entrustment agreement entered into pursuant to § 63.1-56 or § 63.1-204 or is otherwise before the court pursuant to subdivision A 4 of this section;
3. Who has been adjudicated in need of services, in need of supervision, or delinquent, if the court finds that such person has by overt act or omission induced, caused, encouraged or contributed to the conduct of the child complained of in the petition.
G. Petitions filed by or on behalf of a child or such child's parent, guardian, legal custodian or other person standing in loco parentis for the purpose of obtaining treatment, rehabilitation or other services which are required by law to be provided for that child or such child's parent, guardian, legal custodian or other person standing in loco parentis.
H. Judicial consent to apply for work permit for a child when such child is separated from his parents, legal guardian or other person standing in loco parentis.
I. The prosecution and punishment of persons charged with ill-treatment, abuse, abandonment or neglect of children or with any violation of law which causes or tends to cause a child to come within the purview of this law, or with any other offense against the person of a child. In prosecution for felonies over which the court has jurisdiction, jurisdiction shall be limited to determining whether or not there is probable cause.
J. All offenses in which one family or household member is charged with an offense in which another family or household member is the victim and all offenses under § 18.2-49.1.
In prosecution for felonies over which the court has jurisdiction, jurisdiction shall be limited to determining whether or not there is probable cause. Any objection based on jurisdiction under this subsection shall be made before a jury is impaneled and sworn in a jury trial or, in a nonjury trial, before the earlier of when the court begins to hear or receive evidence or the first witness is sworn, or it shall be conclusively waived for all purposes. Any such objection shall not affect or be grounds for challenging directly or collaterally the jurisdiction of the court in which the case is tried. For purposes of this subsection, "family or household member," as defined in § 16.1-228, shall also be construed to include parent and child, stepparent and stepchild, brothers and sisters, and grandparent and grandchild, regardless of whether such persons reside in the same home.
K. Petitions filed by a natural parent, whose parental rights to a child have been voluntarily relinquished pursuant to a court proceeding, to seek a reversal of the court order terminating such parental rights. No such petition shall be accepted, however, after the child has been placed in the home of adoptive parents.
L. Any person who seeks spousal support after having separated from his spouse.
M. Petitions filed for the purpose of obtaining an order of protection pursuant to § 16.1-253.1 or § 16.1-279.1.
N. Any person who escapes or remains away without proper authority from a residential care facility in which he had been placed by the court or as a result of his commitment to the Virginia Department of Youth and Family Services.
O. Petitions for emancipation of a minor pursuant to Article 15 (§ 16.1-331 et seq.) of this chapter.
P. Petitions for enforcement of administrative support orders entered pursuant to Chapter 13 (§ 63.1-249 et seq.) of Title 63.1, or by another state in the same manner as if the orders were entered by a family court upon the filing of a certified copy of such order in the family court.
Q. Petitions for a determination of parentage pursuant to Chapter 3.1 (§ 20-49.1 et seq.) of Title 20.
R. Petitions for the purpose of obtaining an emergency protective order pursuant to § 16.1-253.4.
S. Suits for divorce and for annulling or affirming marriage in accordance with Title 20.
T. Suits for separate maintenance.
U. Suits for equitable distribution based on a foreign decree in accordance with § 20-107.3.
V. Petitions for adoption.
W. Petitions for change of name when incident to suits for annulling or affirming marriage, divorce, or adoption or when ancillary to any action within the jurisdiction of the family court.
X. Petitions regarding records of birth pursuant to Chapter 7 (§ 32.1-249 et seq.) of Title 32.1.
Y. Judicial review of school board actions pursuant to § 22.1-87 and of hearing officer decisions pursuant to §§ 22.1-214 and 22.1-214.1.
Z. Petitions filed by school boards against parents pursuant to §§ 16.1-241.2 and 22.1-279.3.
AA. Petitions to enforce any request for information or subpoena that is not complied with or to review any refusal to issue a subpoena in an administrative appeal regarding child abuse and neglect pursuant to § 63.1-248.6:1.
BB. Petitions filed in connection with parental placement adoption consent hearings, pursuant to § 63.1-220.3. Such proceedings shall be advanced on the docket so as to be heard by the court within ten days of filing of the petition, or as soon thereafter as practicable so as to provide the earliest possible disposition.
The ages specified in this law refer to the age of the child at the time of the acts complained of in the petition.
Notwithstanding any other provision of law no fees shall be charged by a sheriff for the service of any process in a proceeding pursuant to subdivision 3 of subsection A or subsections M or R of this section.
§ 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.
§ 16.1-248.2. Mental health screening for certain juveniles.
Whenever a juvenile is placed in a secure facility pursuant to § 16.1-248.1, the staff of the facility shall gather such information from the juvenile and the probation officer as is reasonably available and deemed necessary by the facility staff. As part of the intake procedures at each such facility, the staff shall ascertain the juvenile's need for a mental health assessment. If it is determined that the juvenile needs such an assessment, arrangements shall be made and the assessment shall take place within twenty-four hours of such determination.
§ 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.
5. To the extent permitted by federal law, a separate juvenile detention facility located upon the site of an adult regional jail facility established by any county, city or any combination thereof constructed after 1994, approved by the Department of Youth and Family Services and certified by the Board of Corrections for the holding and detention of juveniles.
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 Except for placement under subsection A 5, 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 subsection A 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, or when the district court has certified a charge to the grand jury pursuant to subsection B or C of § 16.1-269.1, 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 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 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 juvenile correctional
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 H 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. The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. All communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.
B 1. 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.
However, an intake officer may proceed informally on a complaint alleging a child is in need of services, in need of supervision or delinquent only if the child (i) is not alleged to have committed a violent juvenile felony and (ii) has not previously been the subject of a complaint alleging that he is in need of supervision or delinquent. A petition alleging that the juvenile has committed a violent juvenile felony or that a juvenile who had previously been the subject of a complaint alleging that he was in need of supervision or delinquent, is in need of supervision or a petition alleging that a juvenile is in need of supervision or delinquent shall be filed with the court if that juvenile has previously been the subject of a complaint alleging that he was in need of supervision or delinquent.
Whenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, is in need of supervision or delinquent, the intake officer shall (i) develop a plan for the juvenile which may include a requirement for restitution and the performance of community service based upon community resources and the circumstances which resulted in the complaint, (ii) create an official record of the action taken by the intake officer and file such record in the juvenile's case file and (iii) advise the juvenile and the juvenile's parent, guardian or other person standing in loco parentis, and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241 will result in the filing of a petition with the court.
C. 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 D. 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 E. 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
32 of § 16.1-256, the intake officer shall accept and file a
petition founded upon the warrant.
EF. 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.
E1G. 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 and related offenses, pursuant to §§ 18.2-89 through 18.2-93.
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.
FH. 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 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.
GI. 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
FH 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 juvenile.
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. The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. All communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.
B 1. 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.
However, an intake officer may proceed informally on a complaint alleging a child is in need of services, in need of supervision or delinquent only if the juvenile (i) is not alleged to have committed a violent juvenile felony and (ii) has not previously been the subject of a complaint alleging that he is in need of supervision or delinquent. A petition alleging that the juvenile has committed a violent juvenile felony or that a juvenile who had previously been the subject of a complaint alleging that he was in need of supervision or delinquent, shall be filed with the court if that juvenile has previously been the subject of a complaint alleging that he was in need of supervision or delinquent.
Whenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, in need of supervision or delinquent, the intake officer shall (i) develop a plan for the juvenile which may include a requirement for restitution and the performance of community service based upon community resources and the circumstances which resulted in the complaint, (ii) create an official record of the action taken by the intake officer and file such record in the juvenile's case file and (iii) advise the juvenile and the juvenile's parent, guardian or other person standing in loco parentis, and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241 will result in the filing of a petition with the court.
C. 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.
CD. 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.
DE. 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
32 of § 16.1-256, the intake officer shall accept and file a
petition founded upon the warrant.
EF. 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.
E1G. 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 and related offenses, pursuant to §§ 18.2-89 through 18.2-93.
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.
FH. 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.
GI. 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.
§ 16.1-261. Statements made at intake or mental health screening.
Statements made by a child to the intake officer or probation officer during the intake process or mental health screening pursuant to § 16.1-248.2 and prior to a hearing on the merits of the petition filed against the child, shall not be admissible at any stage of the proceedings.
§ 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 maintenance 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. 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. 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. 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.
§ 16.1-269.1. Trial in circuit court; preliminary hearing; direct indictment; remand.
A. If Except as provided in subsections B and C, if a juvenile
fourteen years of age or older at the time of an alleged offense is
charged with an offense which would be a felony if committed by an adult, the
court shall, on motion of the attorney for the Commonwealth and prior to a
hearing on the merits, hold a transfer hearing and may retain jurisdiction or
transfer such juvenile for proper criminal proceedings to the appropriate
circuit court having criminal jurisdiction of such offenses if committed by an
adult. Any transfer to the appropriate circuit court shall be subject to the
following conditions:
1. Notice as prescribed in §§ 16.1-263 and 16.1-264 shall be given to the juvenile and his parent, guardian, legal custodian or other person standing in loco parentis; or attorney;
2. The juvenile court finds that probable cause exists to believe that the juvenile committed the delinquent act as alleged or a lesser included delinquent act which would be a felony if committed by an adult;
3. The juvenile is competent to stand trial. The juvenile is presumed to be competent and the burden is on the party alleging the juvenile is not competent to rebut the presumption by a preponderance of the evidence; and
4. Except as provided in subsection B, the The court finds by a
preponderance of the evidence that the juvenile is not a proper person to
remain within the jurisdiction of the juvenile court. In determining whether a
juvenile is a proper person to remain within the jurisdiction of the juvenile
court, the court shall consider, but not be limited to, the following factors:
a. The juvenile's age;
b. The seriousness and number of alleged offenses, including (i) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the alleged offense was against persons or property, with greater weight being given to offenses against persons, especially if death or bodily injury resulted; (iii) whether the maximum punishment for such an offense is greater than twenty years confinement if committed by an adult; (iv) whether the alleged offense involved the use of a firearm or other dangerous weapon by brandishing, threatening, displaying or otherwise employing such weapon; and (v) the nature of the juvenile's participation in the alleged offense;
c. Whether the juvenile can be retained in the juvenile justice system long enough for effective treatment and rehabilitation;
d. The appropriateness and availability of the services and dispositional alternatives in both the criminal justice and juvenile justice systems for dealing with the juvenile's problems;
e. The record and previous history of the juvenile in this or other
jurisdictions, including (i) the number and nature of previous contacts with
juvenile or circuit courts, (ii) the number and nature of prior periods of
probation, (iii) the number and nature of prior commitments to learning
juvenile correctional centers, (iv) the number and nature of
previous residential and community-based treatments, (v) whether previous
adjudications and commitments were for delinquent acts that involved the
infliction of serious bodily injury, and (vi) whether the alleged offense is
part of a repetitive pattern of similar adjudicated offenses;
f. Whether the juvenile has previously absconded from the legal custody of a juvenile correctional entity in this or any other jurisdiction;
g. The extent, if any, of the juvenile's degree of mental retardation or mental illness;
h. The juvenile's school record and education;
i. The juvenile's mental and emotional maturity; and
j. The juvenile's physical condition and physical maturity.
No transfer decision shall be precluded or reversed on the grounds that the court failed to consider any of the factors specified in subdivision A 4 of § 16.1-269.1.
B. The court may hold a transfer hearing and certify the juvenile for
transfer to the appropriate circuit court without making the finding required
by subdivision A 4 if The juvenile court shall conduct a preliminary
hearing whenever a juvenile fourteen years of age or older is charged
with:
1. A Class 1 or 2 felony violation of Chapter 4 (§ 18.2-30 et seq.) of
Title 18.2 or, if the juvenile is sixteen years of age or older, a Class 3
felony violation of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 for: (i)
murder under Article 1; (ii) mob-related felony under Article 2; (iii)
kidnapping or abduction under Article 3; or (iv) assault or bodily wounding
under Article 4; or
2. Any unclassified felony violation of Chapter 4 (§ 18.2-30 et seq.)
of Title 18.2 which carries a maximum penalty of imprisonment for life or a
term of imprisonment of forty years if committed by an adult. a Class 1
felony (§ 18.2-31), murder in violation of § 18.2-32 or §
18.2-40, or aggravated malicious wounding (§ 18.2-51.2).
C. The juvenile court shall conduct a preliminary hearing whenever a juvenile fourteen years of age or older is charged with murder in violation of § 18.2-33, felonious injury by mob in violation of § 18.2-41, abduction in violation of § 18.2-48, malicious wounding in violation of § 18.2-51, malicious wounding of a law-enforcement officer in violation of § 18.2-51.1, felonious poisoning in violation of § 18.2-54.1, adulteration of products in violation of § 18.2-54.1, robbery in violation of § 18.2-58 or carjacking in violation of § 18.2-58.1, rape (§ 18.2-61), forcible sodomy (§ 18.2-67.1) or object sexual penetration (§ 18.2-67.2), provided the attorney for the Commonwealth gives written notice of his intent to proceed pursuant to this subsection. If the attorney for the Commonwealth elects not to give such notice, or if he elects to withdraw the notice prior to certification of the charge to the grand jury, he may proceed as provided in subsection A.
D. Upon a finding of probable cause pursuant to a preliminary hearing under subsection B or C, the juvenile court shall certify the charge for the violent juvenile felony, and all ancillary charges, to the grand jury. Return of an indictment shall divest the juvenile court of jurisdiction as to those charges.
If the court does not find probable cause to believe that the juvenile has committed the violent juvenile felony as charged in the petition or warrant or if the petition or warrant is terminated by dismissal in the juvenile court, the attorney for the Commonwealth may seek a direct indictment in the circuit court. If the petition or warrant is terminated by nolle prosequi in the juvenile court, the attorney for the Commonwealth may seek an indictment after a preliminary hearing in juvenile court.
If the court finds that the juvenile was not fourteen years of age or older at the time of the alleged commission of the offense or that the conditions specified in subdivision 1, 2, or 3 of subsection A have not been met, the case shall proceed as otherwise provided for by law.
E. An indictment in the circuit court cures any procedural error or defect in any proceeding held in the juvenile court. If an indictment is terminated by nolle prosequi, the Commonwealth may reinstate the proceeding by seeking a subsequent indictment.
§ 16.1-269.1. (Delayed effective date) Trial in circuit court; preliminary hearing, direct indictment; remand.
A. If Except as provided in subsections B and C, if a juvenile
fourteen years of age or older at the time of an alleged offense is
charged with an offense which would be a felony if committed by an adult, the
court shall, on motion of the attorney for the Commonwealth and prior to a
hearing on the merits, hold a transfer hearing and may retain jurisdiction or
transfer such juvenile for proper criminal proceedings to the appropriate
circuit court having criminal jurisdiction of such offenses if committed by an
adult. Any transfer to the appropriate circuit court shall be subject to the
following conditions:
1. Notice as prescribed in §§ 16.1-263 and 16.1-264 shall be given to the juvenile and his parent, guardian, legal custodian or other person standing in loco parentis; or attorney;
2. The family court finds that probable cause exists to believe that the juvenile committed the delinquent act as alleged or a lesser included delinquent act which would be a felony if committed by an adult;
3. The juvenile is competent to stand trial. The juvenile is presumed to be competent and the burden is on the party alleging the juvenile is not competent to rebut the presumption by a preponderance of the evidence; and
4. Except as provided in subsection B, the The court finds by a
preponderance of the evidence that the juvenile is not a proper person to
remain within the jurisdiction of the family court. In determining whether a
juvenile is a proper person to remain within the jurisdiction of the family
court, the court shall consider, but not be limited to, the following factors:
a. The juvenile's age;
b. The seriousness and number of alleged offenses, including (i) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the alleged offense was against persons or property, with greater weight being given to offenses against persons, especially if death or bodily injury resulted; (iii) whether the maximum punishment for such an offense is greater than twenty years confinement if committed by an adult; (iv) whether the alleged offense involved the use of a firearm or other dangerous weapon by brandishing, threatening, displaying or otherwise employing such weapon; and (v) the nature of the juvenile's participation in the alleged offense;
c. Whether the juvenile can be retained in the juvenile justice system long enough for effective treatment and rehabilitation;
d. The appropriateness and availability of the services and dispositional alternatives in both the criminal justice and juvenile justice systems for dealing with the juvenile's problems;
e. The record and previous history of the juvenile in this or other
jurisdiction jurisdictions, including (i) the number and nature of
previous contacts with family or circuit courts, (ii) the number and nature of
prior periods of probation, (iii) the number and nature of prior commitments to
learning juvenile correctional centers, (iv) the number and
nature of previous residential and community-based treatments, (v) whether
previous adjudications and commitments were for delinquent acts that involved
the infliction of serious bodily injury, and (vi) whether the alleged offense
is part of a repetitive pattern of similar adjudicated offenses;
f. Whether the juvenile has previously absconded from the legal custody of a juvenile correctional entity in this or any other jurisdiction;
g. The extent, if any, of the juvenile's degree of mental retardation or mental illness;
h. The juvenile's school record and education;
i. The juvenile's mental and emotional physical maturity; and
j. The juvenile's physical condition and physical maturity.
No transfer decision shall be precluded or reversed on the grounds that the court failed to consider any of the factors specified in subdivision A 4 of § 16.1-269.1.
B. The court may hold a transfer hearing and certify the juvenile for
transfer to the appropriate circuit court without making the finding required
by subdivision A 4 if The family court shall conduct a preliminary
hearing whenever a juvenile fourteen years of age or older is charged
with:
1. A Class 1 or 2 felony violation of Chapter 4 (§ 18.2-30 et seq.) of
Title 18.2 or, if the juvenile is sixteen years of age or older, a Class 3
felony violation of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 for: (i)
murder under Article 1; (ii) mob-related felony under Article 2; (iii)
kidnapping or abduction under Article 3; or (iv) assault or bodily wounding
under Article 4; or
2. Any unclassified felony violation of Chapter 4 (§ 18.2-30 et seq.)
of Title 18.2 which carries a maximum penalty of imprisonment for life or a
term of imprisonment of forty years if committed by an adult. a Class 1
felony (§ 18.2-31), murder in violation of § 18.2-32 or §
18.2-40 or aggravated malicious wounding in violation of § 18.2-51.2.
C. The family court shall conduct a preliminary hearing whenever a juvenile fourteen years of age or older is charged with murder in violation of § 18.2-33, felonious injury by mob in violation of § 18.2-41, abduction in violation of § 18.2-48, malicious wounding in violation of § 18.2-51, malicious wounding of a law-enforcement officer in violation of § 18.2-51.1, felonious poisoning in violation of § 18.2-54.1, adulteration of products in violation of § 18.2-54.1, robbery in violation of § 18.2-58 or carjacking in violation of § 18.2-58.1, rape in violation of § 18.2-61, forcible sodomy in violation of § 18.2-67.1 or object sexual penetration in violation of § 18.2-67.2 provided the attorney for the Commonwealth gives written notice of his intent to proceed pursuant to this subsection. If the attorney for the Commonwealth elects not to give such notice, or if he elects to withdraw the notice prior to certification of the charge to the grand jury, he may proceed as provided in subsection A.
D. Upon a finding of probable cause pursuant to a preliminary hearing under subsection B or C, the family court shall certify the charge, and all ancillary charges, to the grand jury. Certification shall divest the family court of jurisdiction as to the charge and any ancillary charges.
If the court does not find probable cause to believe that the juvenile has committed the violent juvenile felony as charged in the petition or if the petition is terminated by dismissal in the family court or by nolle prosequi in the family court, the attorney for the Commonwealth may seek a direct indictment in the circuit court.
If the court finds that the juvenile was not fourteen years of age or older at the time of the alleged commission of the offense or that the conditions specified in subdivision 1, 2, or 3 of subsection A have not been met, the case shall proceed as otherwise provided for by law.
E. An indictment in the circuit court cures any error or defect in any proceeding held in the family court. If an indictment is terminated by nolle prosequi, the Commonwealth may reinstate the proceeding by seeking a subsequent indictment.
§ 16.1-269.3. Retention by juvenile court; appeal.
If the a case is not certified or transferred following
a probable cause or transfer hearing in the juvenile court, the judge who
conducted the hearing shall not, over the objection of any interested party,
preside at the adjudicatory hearing on the petition, but rather it shall be
presided over by another judge of that court. If the attorney for the
Commonwealth deems it to be in the public interest, and the juvenile is
fourteen years of age or older and is charged with an offense which, if
committed by an adult, would be punishable by death or confinement in a state
correctional facility for life or a maximum period of twenty years or more,
he may, within ten days after the juvenile court's final decision to retain the
case in accordance with subsection A of § 16.1-269.1, file a notice
of appeal of the decision to the appropriate circuit court. A copy of such
notice shall be furnished at the same time to the counsel for the juvenile.
§ 16.1-269.3. (Delayed effective date--See Notes.) Retention of case by family court.; appeal.
If the a case is not transferred following a probable cause or
transfer hearing in the family court, the judge who conducted the hearing
shall not, over the objection of any interested party, preside at the
adjudicatory hearing on the petition, but rather it shall be presided over by
another judge of that court. If the attorney for the Commonwealth deems it to
be in the public interest, and the juvenile is fourteen years of age or
older and is charged with an offense which, if committed by an adult, would
be punishable by death or confinement in a state correctional facility for life
or a maximum period of twenty years or more, he may, within ten days after
the family court's final decision to retain the case, file a notice of appeal
of the decision to the appropriate circuit court. A copy of such notice shall
be furnished at the same time to the counsel for the juvenile.
§ 16.1-269.4. Transfer to circuit court; appeal by juvenile.
If the juvenile court transfers the case pursuant to subsection A of § 16.1-269.1, the juvenile may, within ten days after the juvenile court's final decision, file a notice of appeal of the decision to the appropriate circuit court. A copy of the notice shall be furnished at the same time to the attorney for the Commonwealth.
§ 16.1-269.4. (Delayed effective date) Transfer to circuit court; appeal by juvenile.
If the family court transfers the case pursuant to subsection A of § 16.1-269.1, the juvenile may, within ten days after the family court's final decision, file a notice of appeal of the decision to the appropriate circuit court. A copy of the notice shall be furnished at the same time to the attorney for the Commonwealth.
§ 16.1-269.6. Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals.
A. Within seven days after receipt of notice of an appeal from the transfer decision pursuant to subsection A of § 16.1-269.1, by either the attorney for the Commonwealth or the juvenile, or if an appeal to such a decision to transfer is not noted, upon expiration of the time in which to note such an appeal, the clerk of the court shall forward to the circuit court all papers connected with the case, including any report required by subsection B of § 16.1-269.2, as well as a written court order setting forth the reasons for the juvenile court's decision. The clerk shall forward copies of the order to the attorney for the Commonwealth and other counsel of record.
B. The circuit court shall, within a reasonable time after receipt of the case
from the juvenile court pursuant to subsection A of § 16.1-269.1,
(i) examine all such papers, reports and orders; (ii) if either the
juvenile or the attorney for the Commonwealth has appealed the transfer
decision, examine all such papers, reports and orders and conduct a
hearing to take further evidence on the issue of transfer, to determine if
there has been substantial compliance with subsection A of §
16.1-269.1, but without redetermining whether the juvenile court had sufficient
evidence to find probable cause; and (iii) (ii) enter an order
either remanding the case to the juvenile court or advising the attorney for
the Commonwealth that he may seek an indictment. Upon advising the attorney for
the Commonwealth that he may seek an indictment, the circuit court shall issue
an order transferring the juvenile from the juvenile detention facility to an
appropriate local correctional facility where the juvenile need no longer be
entirely separate and removed from adults, unless, upon motion of counsel, good
cause is shown for placement of the juvenile pursuant to the limitations of
subdivision E (i), (ii), and (iii) of § 16.1-249. However, in cases
where a charge has been certified by the juvenile court to the grand jury
pursuant to subsection B or C of § 16.1-269.1, the attorney for the
Commonwealth may seek an indictment upon such charge without obtaining an order
of the circuit court advising him that he may do so.
C. The circuit court order advising the attorney for the Commonwealth that he may seek an indictment shall divest the juvenile court of its jurisdiction over the case as well as the juvenile court's jurisdiction over any other allegations of delinquency arising from the same act, transaction or scheme giving rise to the charge for which the juvenile has been transferred. In addition, upon conviction of the juvenile following transfer and trial as an adult, the circuit court shall issue an order terminating the juvenile court's jurisdiction over that juvenile with respect to any future criminal acts alleged to have been committed by such juvenile and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction. Upon receipt of the order terminating the juvenile court's jurisdiction over the juvenile, the clerk of the juvenile court shall forward any pending petitions of delinquency for proceedings in the appropriate general district court.
D. The judge of the circuit court who reviewed the case after receipt from the juvenile court shall not, over the objection of any interested party, preside over the trial of such charge or charges.
E. Any objection to the jurisdiction of the circuit court pursuant to this article shall be waived if not made before arraignment.
F. The time period beginning with the filing of a notice of appeal pursuant to § 16.1-269.3 or § 16.1-269.4 and ending with the order of the circuit court disposing of the appeal shall not be included as applying to the provisions of § 19.2-243.
§ 16.1-269.6. (Delayed effective date) Circuit court hearing; termination of family court jurisdiction; objections and appeals.
A. Within seven days after receipt of notice of an appeal from the transfer decision pursuant to subsection A of § 16.1-269.1 by either the attorney for the Commonwealth or the juvenile, or if an appeal to such a decision to transfer is not noted, upon expiration of the time in which to note appeal, the clerk of the family court shall forward to the circuit court all papers connected with the case, including any report required by subsection B of § 16.1-269.2 as well as a written court order setting forth the reasons for the family court's decision. The clerk shall forward copies of the order to the attorney for the Commonwealth and other counsel of record.
B. The circuit court shall, within a reasonable time after receipt of the case
from the family court pursuant to subsection A of § 16.1-269.1, (i)
examine all such papers, reports and orders; (ii) if either the juvenile
or the attorney for the Commonwealth has appealed the transfer decision,
examine all such papers, reports and orders and conduct a hearing to
take further evidence on the issue of transfer, to determine if there has been
substantial compliance with subsection A of § 16.1-269.1, but
without redetermining whether the family court had sufficient evidence to find
probable cause; and (iii) (ii) enter an order either remanding
the case to the family court or advising the attorney for the Commonwealth that
he may seek an indictment. Upon advising the attorney for the Commonwealth that
he may seek an indictment, the circuit court shall issue an order transferring
the juvenile from the juvenile detention facility to an appropriate local
correctional facility where the juvenile need no longer be entirely separate
and removed from adults, unless, upon motion of counsel, good cause is shown
for placement of the juvenile pursuant to the limitations of subdivision E (i),
(ii), and (iii) of § 16.1-249. However, in cases where a charge has
been certified by the family court to the grand jury pursuant to subsection B
or C of § 16.1-269.1, the attorney for the Commonwealth may seek an
indictment upon such charge without obtaining an order of the circuit court
advising him that he may do so.
C. The circuit court order advising the attorney for the Commonwealth that he may seek an indictment shall divest the family court of its jurisdiction over the case as well as the family court's jurisdiction over any other allegations of delinquency arising from the same act, transaction or scheme giving rise to the charge for which the juvenile has been transferred. In addition, upon conviction of the juvenile following transfer and trial as an adult, the circuit court shall issue an order terminating the family court's jurisdiction over that juvenile with respect to any future criminal acts alleged to have been committed by such juvenile and with respect to any pending allegations of delinquency which have not been disposed of by the family court at the time of the criminal conviction. Upon receipt of the order terminating the family court's jurisdiction over the juvenile, the clerk of the family court shall forward any pending petitions of delinquency for proceedings in the appropriate general district court.
D. The judge of the circuit court who reviewed the case after receipt from the family court shall not, over the objection of any interested party, preside over the trial of such charge or charges.
E. Any objection to the jurisdiction of the circuit court pursuant to this article shall be waived if not made before arraignment.
F. The time period beginning with the filing of a notice of appeal pursuant to § 16.1-269.3 or § 16.1-269.4 and ending with the order of the circuit court disposing of the appeal shall not be included as applying to the provisions of § 19.2-243.
§ 16.1-272. Power of circuit court over juvenile offender.
A. In the hearing and disposition of felony cases properly before a circuit
court having criminal jurisdiction of such offenses if committed by an adult,
the court, after giving the juvenile the right to a trial by jury on the issue
of guilt or innocence and upon a finding of guilty, In any case in
which a juvenile is indicted and the matter is to be tried in the circuit
court, the offense for which he is indicted and all ancillary charges shall be
tried in the same manner as provided for the trial of adults, except as
otherwise provided with regard to sentencing. Upon a finding of guilty of any
charge other than capital murder, the court shall fix the sentence without the
intervention of a jury.
If a juvenile is convicted of a violent juvenile felony, the sentence for
that offense and for all ancillary charges shall be fixed in the same manner as
provided for adults, but the sentence may be suspended conditioned upon
successful completion of the terms and conditions imposed upon a disposition as
a delinquency case in a district court. If the juvenile is convicted of any
other felony, the court may sentence or commit the juvenile offender in
accordance with the criminal laws of this Commonwealth or may in its discretion
deal with the juvenile in the manner prescribed in this law chapter
for the hearing and disposition of cases in the juvenile court,
including, but not limited to, commitment under § 16.1-285.1. If
the juvenile is not convicted of a felony but is convicted of a misdemeanor,
the court shall deal with the juvenile in the manner prescribed by law for the
disposition of a delinquency case in the district court.
B. If the circuit court decides to deal with the juvenile in the same manner
as a case in the juvenile court and places the child juvenile on
probation, the child juvenile may be supervised by a juvenile
probation officer.
C. Whether the court sentences and commits the child juvenile as
a juvenile under this chapter or under the criminal law, in cases where the
juvenile is convicted of a felony in violation of §§ 18.2-61,
18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or
§ 18.2-370.1 or, where the victim is a minor or is physically helpless or
mentally incapacitated as defined in § 18.2-67.10, subsection B of §
18.2-361 or subsection B of § 18.2-366, the clerk shall make the report
required by § 19.2-390 to the Sex Offender Registry established pursuant
to § 19.2-390.1.
§ 16.1-272. (Delayed effective date) Power of circuit court over juvenile offender.
A. In the hearing and disposition of felony cases properly before a circuit
court having criminal jurisdiction of such offenses if committed by an adult,
the court, after giving the juvenile the right to a trial by jury on the issue
of guilt or innocence and upon a finding of guilty, In any case in which
a juvenile is indicted and the matter is to be tried in the circuit court, the
offense for which he is indicted and all ancillary charges shall be tried in
the same manner as provided for the trial of adults, except as otherwise
provided with regard to sentencing. Upon a finding of guilty of any charge
other than capital murder, the court shall fix the sentence without the
intervention of a jury.
If a juvenile is convicted of a violent juvenile felony, the sentence for
that offense and for all ancillary charges shall be fixed in the same manner as
provided for adults, but the sentence may be suspended conditioned upon
successful completion of the terms and conditions imposed upon a disposition as
a delinquency case in a district court. If the juvenile is convicted of any
other felony, the court may sentence or commit the juvenile offender in
accordance with the criminal laws of this Commonwealth or may in its discretion
deal with the juvenile in the manner prescribed in this law chapter
for the hearing and disposition of cases in the family court, including,
but not limited to, commitment under § 16.1-285.1. If the juvenile
is not convicted of a felony but is convicted of a misdemeanor, the court shall
deal with the juvenile in the manner prescribed by law for the disposition of a
delinquent case in the juvenile court.
B. If the circuit court decides to deal with the juvenile in the same manner
as a case in the family court and places the child juvenile on
probation, the child juvenile may be supervised by a juvenile
probation officer of the family court.
C. Whether the court sentences and commits the child juvenile as
a juvenile under this chapter or under the criminal law, in cases where the
juvenile is convicted of a felony in violation of §§ 18.2-61,
18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or
§ 18.2-370.1 or, where the victim is a minor or is physically helpless or
mentally incapacitated as defined in § 18.2-67.10, subsection B of §
18.2-361 or subsection B of § 18.2-366, the clerk shall make the report
required by § 19.2-390 to the Sex Offender Registry established pursuant
to § 19.2-390.1.
§ 16.1-274.1. Admission of evidence of juvenile's age.
In any delinquency proceeding in a district court or circuit court
where a juvenile is alleged to have committed a delinquent act, the
Commonwealth shall be permitted to introduce evidence establishing the age of
the juvenile who is the subject of the delinquency petition at any time
prior to adjudication of the case.
§ 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 and no less than six months of intensive aftercare 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, (iii) has not previously been committed to and received by the Department, (iv) has not previously 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 alternative 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 and no less than six months of intensive aftercare 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, (iii) has not previously been committed to the Department or attended a Boot Camp Program, and (iv) has not previously been committed to and received by the Department. 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 alternative 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.
§ 16.1-285. Duration of commitments.
Except as provided in § 16.1-285.1, all commitments under this law
chapter shall be for an indeterminate period having regard to the
welfare of the child juvenile and interests of the public, but
no child juvenile committed hereunder for an act other than
one constituting murder or manslaughter shall be held or detained longer
than thirty-six continuous months or after such child juvenile
has attained the age of twenty-one years; however . However,
any child juvenile who is committed under this law as an abused
or neglected child or a child in need of services shall have the right upon
request to be released from such commitment at the age of eighteen years. The
Department shall have the authority to discharge any child juvenile
from its custody in accordance with policies and procedures established by
the State Board and with other provisions of law.
§ 16.1-285.1. Commitment of serious offenders.
A. In the case of a juvenile fourteen years of age or older who has been found
guilty of an offense which would be a felony if committed by an adult, and
either (i) the juvenile is on parole for an offense which would be a felony if
committed by an adult, (ii) the juvenile was committed to the state for an
offense which would be a felony if committed by an adult within the immediately
preceding twelve months or, (iii) the felony offense is
punishable by a term of confinement of greater than twenty years if the felony
was committed by an adult, or (iv) the juvenile has been previously
adjudicated delinquent for an offense which if committed by an adult would be a
felony punishable by a term of confinement of twenty years or more, and the
circuit court or the district court, as the case may be, finds
that commitment under this section is necessary to meet the rehabilitative
needs of the juvenile and would serve the best interests of the community, then
the court may order the juvenile committed to the Department of Youth and
Family Services for placement in a learning juvenile correctional
center for the period of time prescribed pursuant to this section.
B. Prior to committing any juvenile pursuant to this section, the court shall consider:
1. The juvenile's age;
2. The seriousness and number of the present offenses, including (i) whether the offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the offense was against persons or property, with greater weight being given to offenses against persons, especially if death or injury resulted; (iii) whether the offense involved the use of a firearm or other dangerous weapon by brandishing, displaying, threatening with or otherwise employing such weapon; and (iv) the nature of the juvenile's participation in the alleged offense;
3. The record and previous history of the juvenile in this or any other
jurisdiction, including (i) the number and nature of previous contacts with
courts, (ii) the number and nature of prior periods of probation, (iii) the
number and nature of prior commitments to learning juvenile
correctional centers, (iv) the number and nature of previous residential
and community-based treatments, (v) whether previous adjudications and
commitments were for delinquent acts that involved the infliction of serious
bodily injury, and (vi) whether the offense is part of a repetitive pattern of
similar adjudicated offenses; and
4. The Department's recommended estimated length of stay based
on treatment goals enumerated in the social history report.
Such commitment order must be supported by a determination that the interests of the juvenile and community require that the juvenile be placed under legal restraint or discipline and that the juvenile is not a proper person to receive treatment or rehabilitation through other juvenile programs or facilities.
C. In ordering commitment pursuant to this section, the court shall specify a period of commitment not to exceed seven years or the juvenile's twenty-first birthday, whichever shall occur first. The court may also order a period of determinate or indeterminate parole supervision to follow the commitment which shall not exceed seven years or the juvenile's twenty-first birthday, whichever occurs first.
D. Upon receipt of a juvenile committed under the provisions of this section,
the Department shall evaluate the juvenile for the purpose of considering
placement of the juvenile in an appropriate learning juvenile
correctional center for the time prescribed by the committing court. Such a
placement decision shall be made based on the availability of treatment
programs at the facility; the level of security at the facility; the offense
for which the juvenile has been committed; and the welfare, age and
gender of the juvenile.
E. The court which commits the juvenile to the Department under this section
shall have continuing jurisdiction over the juvenile throughout his commitment.
The continuing jurisdiction of the court shall not prevent the Department from
removing the juvenile from a learning juvenile correctional
center without prior court approval for the sole purposes of routine or
emergency medical treatment, routine educational services, or family
emergencies.
F. Any juvenile committed under the provisions of this section shall not be released at a time earlier than that specified by the court in its dispositional order except as provided for in § 16.1-285.2. The Department may petition the committing court for a hearing as provided for in § 16.1-285.2 for an earlier release of the juvenile when good cause exists for an earlier release. In addition, the Department shall petition the committing court for a determination as to the continued commitment of each juvenile sentenced under this section at least sixty days prior to the second anniversary of the juvenile's date of commitment and sixty days prior to each annual anniversary thereafter.
§ 16.1-285.2. Release and review hearing for serious offender.
A. Upon receipt of a petition of the Department of Youth and Family Services for a hearing concerning a juvenile committed under § 16.1-285.1, the court shall schedule a hearing within thirty days and shall appoint counsel for the juvenile pursuant to § 16.1-266. The court shall provide a copy of the petition, the progress report required by this section, and notice of the time and place of the hearing to (i) the juvenile, (ii) the juvenile's parent, legal guardian, or person standing in loco parentis, (iii) the juvenile's guardian ad litem, if any, (iv) the juvenile's legal counsel, and (v) the attorney for the Commonwealth who prosecuted the juvenile during the delinquency proceeding. The attorney for the Commonwealth shall provide notice of the time and place of the hearing by first-class mail to the last known address of any victim of the offense for which the juvenile was committed if such victim has submitted a written request for notification to the attorney for the Commonwealth.
B. The petition shall be filed in the committing court and shall be accompanied by a progress report from the Department. This report shall describe (i) the facility and living arrangement provided for the juvenile by the Department, (ii) the services and treatment programs afforded the juvenile, (iii) the juvenile's progress toward treatment goals and objectives, which shall include a summary of his educational progress, (iv) the juvenile's potential for danger to either himself or the community, and (v) a comprehensive aftercare plan for the juvenile.
B1. The appearance of the juvenile before the court may be by (i) personal appearance before the judge, or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, a judge may exercise all powers conferred by law and all communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. A facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.
C. At the hearing the court shall consider the progress report. The court may
also consider additional evidence from (i) probation officers, the learning
juvenile correctional center, treatment professionals, and the court
service unit; (ii) the juvenile, his legal counsel, parent, guardian or family
member; or (iii) other sources the court deems relevant. The hearing and all
records relating thereto shall be governed by the confidentiality provisions of
Article 12 (§ 16.1-299 et seq.) of this chapter.
D. At the conclusion of the hearing, the court shall order (i) continued commitment of the juvenile to the Department for completion of the original determinate period of commitment or such lesser time as the court may order or (ii) release of the juvenile under such terms and conditions as the court may prescribe. In making a determination under this section, the court shall consider (i) the experiences and character of the juvenile before and after commitment, (ii) the nature of the offenses that the juvenile was found to have committed, (iii) the manner in which the offenses were committed, (iv) the protection of the community, (v) the recommendations of the Department, and (vi) any other factors the court deems relevant. The order of the court shall be final and not subject to appeal.
§ 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.
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 reenrollment 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 reenrollment 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.
§ 16.1-299. Fingerprints and photographs of juveniles.
A. Fingerprints of a juvenile fourteen years of age or older who is charged
with a delinquent act which would be a felony if committed by an adult shall be
taken and filed with the juvenile court by law-enforcement officers on forms
provided by the Central Criminal Records Exchange. Photographs may also be
taken and filed by local law-enforcement officers. Fingerprints of a juvenile
thirteen years of age or older who is charged with bodily wounding as provided
in § 18.2-51 or § 18.2-52, use of a firearm in committing a felony as
provided in § 18.2-53.1, attempted poisoning as provided in §
18.2-54.1, extortion as provided in § 18.2-59, robbery, rape as provided
in § 18.2-61, forcible sodomy as provided in § 18.2-67.1, inanimate
object sexual penetration as provided in § 18.2-67.2, grand larceny as
provided in § 18.2-95, burglary as provided in §§ 18.2-89
through 18.2-91, arson and related crimes as provided in §§ 18.2-77
through 18.2-88 or murder, or any attempt to commit the above mentioned
felonies as provided in § 18.2-25 or § 18.2-26 shall be taken and
filed with the juvenile court by law-enforcement officers on forms provided by
the Central Criminal Records Exchange. Photographs may also be taken and filed
by local law-enforcement officers.
B. A juvenile may be fingerprinted and photographed regardless of age or
offense if he has been taken into custody for and charged with a violation of
law, and a law-enforcement officer has determined that there is probable cause
to believe that latent fingerprints found during the investigation of an
offense are those of such juvenile.
C. The fingerprints and photographs authorized in subsections A and B shall
be retained or disposed of as follows:
1. If a petition is not filed against a juvenile whose fingerprints or
photographs have been taken in connection with an alleged violation of law, the
fingerprint card, all copies of the fingerprints and all photographs shall be
destroyed sixty days after fingerprints were taken.
2. If the juvenile court or the circuit court, pursuant to a transfer,
waiver or appeal, finds a juvenile not guilty of a charge of delinquency, the
fingerprint card, all copies of the fingerprints and all photographs shall be
destroyed within sixty days of such finding. However, all fingerprints and
photographs of a juvenile who is less than thirteen years of age and who is
found guilty of a delinquent act shall also be destroyed.
3. If the court finds that a juvenile thirteen years of age or older has
committed a delinquent act, the fingerprints and photographs may be retained in
a local file pursuant to § 16.1-301 and the fingerprints may be entered
into any police department's computer system by identification number or by any
other method which insures the confidentiality of the juvenile's name .
All duly constituted police authorities having the power of arrest may take
fingerprints and photographs of any juvenile who is taken into custody and
charged with a delinquent act an arrest for which, if committed by an adult, is
required to be reported to the Central Criminal Records Exchange pursuant to
subsection A of § 19.2-390. Whenever fingerprints are taken, they shall
be maintained separately from adult records and a copy shall be filed with the
juvenile court on forms provided by the Central Criminal Records Exchange.
4. B. If a juvenile fourteen years of age or older is (i)
certified to tried in the circuit court pursuant to Article 7
(§ 16.1-269.1 et seq.) of this chapter and is adjudicated delinquent or
and is found guilty as an adult of the of an offense
charged for which a report to the Central Criminal Records Exchange
is required by subsection C of § 19.2-390 or (ii) if a
juvenile of any age is adjudicated delinquent or found guilty in juvenile
court of any offense which would be a felony if committed by an adult or any
other offense for which a report to the Central Criminal Records Exchange is
required by subsection C of § 19.2-390 if the offense were committed by an
adult, or if a juvenile thirteen years of age or older is found guilty
of any of the offenses specified in subsection A of this section or an attempt
to commit any such offense in a juvenile court and is adjudicated delinquent,
copies of his fingerprints and a report of the disposition shall be
forwarded to the Central Criminal Records Exchange by the clerk of the court
which heard the case.
C. If a petition is not filed against a juvenile whose fingerprints or photographs have been taken in connection with an alleged violation of law, the fingerprint card, all copies of the fingerprints and all photographs shall be destroyed sixty days after fingerprints were taken. In cases resulting in a disposition for which fingerprints are not required to be forwarded to the Central Criminal Records Exchange, the court shall order that the fingerprint card, all copies of the fingerprints and all photographs be destroyed within sixty days of the date of disposition of the case.
§ 16.1-299. (Delayed effective date) Fingerprints and photographs of juveniles.
A. Fingerprints of a juvenile fourteen years of age or older who is charged
with a delinquent act which would be a felony if committed by an adult shall be
taken and filed with the juvenile court by law-enforcement officers on forms
provided by the Central Criminal Records Exchange. Photographs may also be
taken and filed by local law-enforcement officers. Fingerprints of a juvenile
thirteen years of age or older who is charged with bodily wounding as provided
in § 18.2-51 or § 18.2-52, use of a firearm in committing a felony as
provided in § 18.2-53.1, attempted poisoning as provided in §
18.2-54.1, extortion as provided in § 18.2-59, robbery, rape as provided
in § 18.2-61, forcible sodomy as provided in § 18.2-67.1, inanimate
object sexual penetration as provided in § 18.2-67.2, grand larceny as
provided in § 18.2-95, burglary as provided in §§ 18.2-89
through 18.2-91, arson and related crimes as provided in §§ 18.2-77
through 18.2-88 or murder, or any attempt to commit the above mentioned
felonies as provided in § 18.2-25 or § 18.2-26 shall be taken and
filed with the juvenile court by law-enforcement officers on forms provided by
the Central Criminal Records Exchange. Photographs may also be taken and filed
by local law-enforcement officers.
B. A juvenile may be fingerprinted and photographed regardless of age or
offense if he has been taken into custody for and charged with a violation of
law, and a law-enforcement officer has determined that there is probable cause
to believe that latent fingerprints found during the investigation of an
offense are those of such juvenile.
C. The fingerprints and photographs authorized in subsections A and B shall
be retained or disposed of as follows:
1. If a petition is not filed against a juvenile whose fingerprints or
photographs have been taken in connection with an alleged violation of law, the
fingerprint card, all copies of the fingerprints and all photographs shall be
destroyed sixty days after fingerprints were taken.
2. If the family court or the circuit court, pursuant to a transfer, waiver
or appeal, finds a juvenile not guilty of a charge of delinquency, the
fingerprint card, all copies of the fingerprints and all photographs shall be
destroyed within sixty days of such finding. However, all fingerprints and
photographs of a juvenile who is less than thirteen years of age and who is
found guilty of a delinquent act shall also be destroyed.
3. If the court finds that a juvenile thirteen years of age or older has
committed a delinquent act, the fingerprints and photographs may be retained in
a local file pursuant to § 16.1-301 and the fingerprints may be entered
into any police department's computer system by identification number or by any
other method which insures the confidentiality of the juvenile's name.
All duly constituted police authorities having the power of arrest may take
fingerprints and photographs of any juvenile who is taken into custody and
charged with a delinquent act an arrest for which, if committed by an adult, is
required to be reported to the Central Criminal Records Exchange pursuant to
subsection A of § 19.2-390. Whenever fingerprints are taken, they shall be
maintained separately from adult records and a copy shall be filed with the
family court on forms provided by the Central Criminal Records Exchange.
4B. If a juvenile fourteen years of age or older is (i)
certified to tried in the circuit court pursuant to Article 7
(§ 16.1-269.1 et seq.) of this chapter and is adjudicated delinquent or
and is found guilty as an adult of the an
offense charged for which a report to the Central Criminal
Records Exchange is required by subsection C of § 19.2-390 or (ii)
if a juvenile of any age is adjudicated delinquent or found guilty
in family court of any offense which would be a felony if committed by an
adult or any other offense for which a report to the Central Criminal
Records Exchange is required by subsection C of § 19.2-390 if the offense
were committed by an adult, or if a juvenile thirteen years of age or
older is found guilty of any of the offenses specified in subsection A of this
section or an attempt to commit any such offense in a juvenile court and is
adjudicated delinquent, copies of his fingerprints and a report of the
disposition shall be forwarded to the Central Criminal Records Exchange by the
clerk of the court which heard the case.
C. If a petition is not filed against a juvenile whose fingerprints or photographs have been taken in connection with an alleged violation of law, the fingerprint card, all copies of the fingerprints and all photographs shall be destroyed sixty days after fingerprints were taken. In cases resulting in a disposition for which fingerprints are not required to be forwarded to the Central Criminal Records Exchange, the court shall order that the fingerprint card and all copies of the fingerprints be destroyed within sixty days of the date of disposition of its case.
§ 16.1-299.1. Blood sample required for DNA analysis upon conviction or adjudication of felony.
A juvenile convicted of a felony shall have a sample of his blood taken for DNA analysis provided (i) the juvenile was fourteen years of age or older at the time of the commission of the offense.
§ 16.1-301. Confidentiality of law-enforcement records.
A. The court shall require all law-enforcement agencies to take special precautions to ensure that law-enforcement records concerning a juvenile are protected against disclosure to any unauthorized person. The police departments of the cities of the Commonwealth, and the police departments or sheriffs of the counties, as the case may be, shall keep separate records as to violations of law other than violations of motor vehicle laws committed by juveniles. Unless a charge of delinquency is transferred for criminal prosecution in the circuit court or the court otherwise orders disclosure in the interests of the juvenile or of national security, such records with respect to such juvenile shall not be open to public inspection nor their contents disclosed to the public.
B. Inspection of such records shall be permitted only by the following:
1. A court having the juvenile currently before it in any proceeding;
2. The officers of public and nongovernmental institutions or agencies to which the juvenile is currently committed, and those responsible for his supervision after release;
3. Any other person, agency, or institution, by order of the court, having a legitimate interest in the case or in the work of the law-enforcement agency;
4. Law-enforcement officers of other jurisdictions, by order of the court, when necessary for the discharge of their current official duties;
5. The probation and other professional staff of a court in which the juvenile is subsequently convicted of a criminal offense for the purpose of a presentence report or other dispositional proceedings, or by officials of penal institutions and other penal facilities to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him;
6. The juvenile, parent, guardian or other custodian and counsel for the juvenile by order of the court; and
7. As provided in §§ 19.2-389.1 and 19.2-390.
C. The police department of the cities and towns and the police departments or
sheriffs of the counties may release, upon request to one another and to state
and federal law-enforcement agencies, current information on juvenile
arrests.The information exchanged shall be limited to name, address,
physical description, date of arrest, and the charge for which the arrest was
made. The information exchanged shall be used by the receiving agency for
current investigation purposes only and shall not result in the creation of new
files or records on individual juveniles on the part of the receiving agency.
D. Nothing in this section shall prohibit the exchange of law-enforcement or other criminal investigative or intelligence information among law-enforcement agencies.
§ 16.1-302. Dockets, indices and order books; when hearings and records private; right to public hearing; presence of juvenile in court.
A. Every juvenile court shall keep a separate docket of cases arising under this law.
B. Every circuit court shall keep a separate docket, index, and, for entry of its orders, a separate order book or file for cases on appeal from the juvenile court except: (i) cases involving support pursuant to § 20-61 or subdivisions A 3, F or L of § 16.1-241; (ii) cases involving criminal offenses committed by adults which are commenced on a warrant or a summons as described in Title 19.2; and (iii) cases involving civil commitments of adults pursuant to Title 37.1. Such cases shall be docketed on the appropriate docket and the orders in such cases shall be entered in the appropriate order book as used with similar cases commenced in circuit court.
C. The general public shall be excluded from all juvenile court hearings
and only such persons admitted as the judge shall deem proper, except that
in juvenile and domestic relations court hearings held on a petition
or warrant alleging that a juvenile fourteen years of age or older committed an
offense which would be a felony if committed by an adult shall be open, subject
to the provisions of subsection D. The court may, sua sponte or on motion of
the juvenile or the attorney for the Commonwealth, for good cause shown, close
the proceedings. If the proceedings are closed, the court shall state in
writing its reasons and the statement shall be made a part of the public
record.
D. In any hearing held for the purpose of adjudicating the
an alleged violation of any criminal law, or law defining a traffic
infraction, the childjuvenile or adult so charged shall have a
right to be present and shall have the right to a public hearing unless
expressly waived by such person. The chief judge may provide by rule that any
juvenile licensed to operate a motor vehicle who has been charged with a
traffic infraction may waive court appearance and admit to the infraction or
infractions charged if he or she and a parent, legal guardian, or person
standing in loco parentis to the juvenile appear in person at the court or
before a magistrate or sign and either mail or deliver to the court or
magistrate a written form of appearance, plea and waiver, provided that the
written form contains the notarized signature of the parent, legal guardian, or
person standing in loco parentis to the juvenile. An emancipated juvenile
charged with a traffic infraction shall have the opportunity to waive court
appearance and admit to the infraction or infractions if he or she appears in
person at the court or before a magistrate or signs and either mails or
delivers to the court or magistrate a written form of appearance, plea, and
waiver, provided that the written plea form containing the signature of the
emancipated juvenile is accompanied by a notarized sworn statement which
details the facts supporting the claim of emancipated status. Whenever the sole
purpose of a proceeding is to determine the custody of a child of tender years,
the presence of such child juvenile in court may be waived by the
judge at any stage thereof.
§ 16.1-302. (Delayed effective date) Dockets, indices and order books; hearings and records private; right to public hearing; presence of juvenile in court.
A. Every family court shall keep a separate docket of cases arising under this law.
B. Every circuit court shall keep a separate docket, index, and, for entry of its orders, a separate order book or file for cases on appeal from the family court except: (i) cases involving support pursuant to § 20-61; (ii) cases involving criminal offenses committed by adults which are commenced on a warrant or a summons as described in Title 19.2; and (iii) cases involving civil commitments of adults pursuant to Title 37.1. Such cases shall be docketed on the appropriate docket and the orders in such cases shall be entered in the appropriate order book as used with similar cases commenced in circuit court.
C. The general public shall be excluded from all family court hearings and only such persons admitted as the judge shall deem proper, except that (i) this provision shall not apply to cases for divorce, annulment or affirmation of marriage, separate maintenance, equitable distribution based on a foreign decree, change of name, amendment of a birth certificate, or judicial review of school board actions or of hearing officer decisions; and (ii) in any hearing held for the purpose of adjudicating the alleged violation of any criminal law or law defining a traffic infraction, the child or adult so charged shall have a right to be present and shall have the right to a public hearing unless expressly waived by such person
D. All family court hearings held on a petition or warrant alleging that a juvenile fourteen years of age or older committed an offense which would be a felony if committed by an adult shall be open, subject to the provisions of clause ii of subsection C. The court may, sua sponte or on motion of the juvenile or the attorney for the Commonwealth, for good cause shown, close the proceedings. If the proceedings are closed, the court shall state in writing its reasons and the statement shall be made a part of the public record.
E. In all other cases, the public shall be excluded and only such persons admitted as the court deems proper.
The chief judge may provide by rule that any juvenile licensed to operate a
motor vehicle who has been charged with a traffic infraction may waive court
appearance and admit to the infraction or infractions charged if he or she and
a parent, legal guardian, or person standing in loco parentis to the juvenile
appear in person at the court or before a magistrate or sign and either mail or
deliver to the court or magistrate a written form of appearance, plea and
waiver, provided that the written form contains the notarized signature of the
parent, legal guardian, or person standing in loco parentis to the juvenile. An
emancipated juvenile charged with a traffic infraction shall have the
opportunity to waive court appearance and admit to the infraction or
infractions if he or she appears in person at the court or before a magistrate
or signs and either mails or delivers to the court or magistrate a written form
of appearance, plea, and waiver, provided that the written plea form containing
the signature of the emancipated juvenile is accompanied by a notarized sworn
statement which details the facts supporting the claim of emancipated status.
Whenever the sole purpose of a proceeding is to determine the custody of a
child of tender years, the presence of such child juvenile in
court may be waived by the judge at any stage thereof.
§ 16.1-302.1. Right of victim or representative to attend certain proceedings.
During proceedings involving petitions alleging that a juvenile is delinquent, including proceedings on appeal, any victim as defined in § 19.2-11.01 may remain in the courtroom. In any such case involving a minor victim, the court may permit an adult chosen by the minor victim to be present in the courtroom during the proceedings in addition to or in lieu of the minor's parent or guardian.
However, if either the attorney for the Commonwealth or any defendant represents to the court that he intends to call as a material witness any victim as defined in § 19.2-11.01, the court, on motion, shall exclude that person from the trial or proceedings.
The attorney for the Commonwealth shall give prior notice of any such proceedings and changes in the scheduling thereof to any known victim and to any known adult chosen in accordance with this section by a minor victim at the address or telephone number, or both, provided in writing by such persons.
§ 16.1-303. Reports of court officials and employees when privileged.
All information obtained in discharge of official duties by any official or by any employee of the court shall be privileged, and shall not be disclosed to anyone other than the judge unless and until otherwise ordered by the judge or by the judge of a circuit court; provided, however, that in any case when such information shall disclose that an offense has been committed which would be a felony if committed by an adult, it shall be the duty of the official or employee of the court obtaining such information to report the same promptly to the attorney for the Commonwealth or the police in the county, city or town where the offense occurred. It shall not be deemed a violation of this section if the disclosed information is otherwise available to the public.
§ 16.1-305. Confidentiality of court records.
A. Social, medical and psychiatric or psychological records, including reports or preliminary inquiries, predisposition studies and supervision records, of neglected and abused children, children in need of services, children in need of supervision and delinquent children shall be filed with the other papers in the juvenile's case file. All juvenile case files shall be filed separately from adult files and records of the court and shall be open for inspection only to the following:
1. The judge, probation officers and professional staff assigned to serve the juvenile and domestic relations district courts;
2. Representatives of a public or private agency or department providing supervision or having legal custody of the child or furnishing evaluation or treatment of the child ordered or requested by the court;
3. The attorney for any party and the Attorney for the Commonwealth;
4. Any other person, agency or institution, by order of the court, having a legitimate interest in the case or in the work of the court; however, for the purposes of preparation of a presentence report upon a finding of guilty in a circuit court or for the preparation of a background report for the Parole Board, adult probation and parole officers, including United States Probation and Pretrial Services Officers, shall have access to an accused's or inmate's records in juvenile court.
B. All or any part of the records enumerated in subsection A, or information secured from such records, which is presented to the judge in court or otherwise in a proceeding under this law shall also be made available to the parties to the proceedings and their attorneys.
B1. All court records relating to a juvenile fourteen years of age or over, adjudicated delinquent on the basis of an act which would be a felony if committed by an adult, other than those records specified in subsection A but including the docket, petitions, motions and other papers filed with any case involving the juvenile and the transcripts of testimony, findings, verdicts, orders and decrees in any such cases, shall be open to the public.
B2. All court records relating to a juvenile fourteen years of age or over, adjudicated delinquent on the basis of an act which would be a felony if committed by an adult, other than those records specified in subsection A, relating to a juvenile released pending trial with restrictions under §16.1-250 (E), or to a juvenile placed on probation with conditions under § 16.1-278.8, shall be open to inspection by the law-enforcement agency of the locality over which the court has jurisdiction. The same court records relating to a juvenile released on parole supervision under § 16.1-293 shall be open to inspection by the law enforcement agency for the locality to which the juvenile has been released. Information contained in such court records shall be kept confidential in accordance with § 16.1-301 and shall be used by the local law enforcement agency only for the purpose of assisting the local court services unit in monitoring juveniles who have been released with restrictions pending trial, juveniles who have been placed on probation with conditions and juveniles who have been placed on parole supervision.
C. All other juvenile records, including the docket, petitions, motions and other papers filed with a case, transcripts of testimony, findings, verdicts, orders and decrees shall be open to inspection only by those persons and agencies designated in subsections A and B of this section.
D. Attested copies of papers filed in connection with an adjudication of guilty for an offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, which shows the charge, finding, disposition, name of the attorney for the juvenile, or waiver of attorney shall be furnished to an attorney for the Commonwealth upon certification by the prosecuting attorney that such papers are needed as evidence in a pending criminal, traffic, or habitual offender proceeding and that such papers will be only used for such evidentiary purpose.
E. Upon request, a copy of the court order of disposition in a delinquency case shall be provided to the Virginia Workers' Compensation Commission solely for purposes of determining whether to make an award to the victim of a crime, and such information shall not be disseminated or used by the Commission for any other purpose including but not limited to actions pursuant to § 19.2-368.15.
F. Staff of the court services unit or the attorney for the Commonwealth shall provide notice of the disposition in a case involving a juvenile who is committed to state care after being adjudicated for a criminal sexual assault as specified in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 to the victim or a parent of a minor victim, upon request. Additionally, if the victim or parent submits a written request, the Department of Youth and Family Services shall provide advance notice of such juvenile offender's anticipated date of release from commitment.
§ 16.1-305. (Delayed effective date) Confidentiality of court records.
A. Social, medical and psychiatric or psychological records, including reports or preliminary inquiries, predisposition studies and supervision records, of neglected and abused children, children in need of services, children in need of supervision and delinquent children shall be filed with the other papers in the juvenile's case file. All juvenile case files shall be filed separately from adult files and records of the court and shall be open for inspection only to the following:
1. The judge, probation officers and professional staff assigned to serve the family courts;
2. Representatives of a public or private agency or department providing supervision or having legal custody of the child or furnishing evaluation or treatment of the child ordered or requested by the court;
3. The attorney for any party and the Attorney for the Commonwealth;
4. Any other person, agency or institution, by order of the court, having a legitimate interest in the case or in the work of the court; however, for the purposes of preparation of a presentence report upon a finding of guilty in a circuit court or for the preparation of a background report for the Parole Board, adult probation and parole officers, including United States Probation and Pretrial Services Officers, shall have access to an accused's or inmate's records in family court.
B. All or any part of the records enumerated in subsection A, or information secured from such records, which is presented to the judge in court or otherwise in a proceeding under this law shall also be made available to the parties to the proceedings and their attorneys.
B1. All court records relating to a juvenile fourteen years of age or over, adjudicated delinquent on the basis of an act which would be a felony if committed by an adult, other than those records specified in subsection A but including the docket, petitions, motions and other papers filed with any case involving the juvenile and the transcripts of testimony, findings, verdicts, orders and decrees in any such cases, shall be open to the public.
B2. All court records relating to a juvenile fourteen years of age or over, adjudicated delinquent on the basis of an act which would be a felony if committed by an adult, other than those records specified in subsection A, relating to a juvenile released pending trial with restrictions under §16.1-250 (E), or to a juvenile placed on probation with conditions under § 16.1-278.8, shall be open to inspection by the law-enforcement agency of the locality over which the court has jurisdiction. The same court records relating to a juvenile released on parole supervision under § 16.1-293 shall be open to inspection by the law enforcement agency for the locality to which the juvenile has been released. Information contained in such court records shall be kept confidential in accordance with § 16.1-301 and shall be used by the local law enforcement agency only for the purpose of assisting the local court services unit in monitoring juveniles who have been released with restrictions pending trial, juveniles who have been placed on probation with conditions and juveniles who have been placed on parole supervision.
C. All other juvenile records, including the docket, petitions, motions and other papers filed with a case, transcripts of testimony, findings, verdicts, orders and decrees shall be open to inspection only by those persons and agencies designated in subsections A and B of this section.
D. Attested copies of papers filed in connection with an adjudication of guilty for an offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, which shows the charge, finding, disposition, name of the attorney for the juvenile, or waiver of attorney shall be furnished to an attorney for the Commonwealth upon certification by the prosecuting attorney that such papers are needed as evidence in a pending criminal, traffic, or habitual offender proceeding and that such papers will be only used for such evidentiary purpose.
E. Upon request, a copy of the court order of disposition in a delinquency case shall be provided to the Virginia Workers' Compensation Commission solely for purposes of determining whether to make an award to the victim of a crime, and such information shall not be disseminated or used by the Commission for any other purpose including but not limited to actions pursuant to § 19.2-368.15.
F. Section 20-124 shall govern the confidentiality of court records in cases involving divorce, annulment or affirmation of marriage, separate maintenance and equitable distribution based on a foreign decree. Sections 63.1-235 and 63.1-236 shall govern the confidentiality of adoption cases.
G. Staff of the court services unit or the attorney for the Commonwealth shall provide notice of the disposition in a case involving a juvenile who is committed to state care after being adjudicated for a criminal sexual assault as specified in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 to the victim or a parent of a minor victim, upon request. Additionally, if the victim or parent submits a written request, the Department of Youth and Family Services shall provide advance notice of such juvenile offender's anticipated date of release from commitment.
§ 16.1-305.1. Disclosure of disposition in certain delinquency cases.
Upon disposition of a proceeding in a court of competent jurisdiction in which
a juvenile is adjudicated delinquent or convicted of a crime based upon a
violation of the law involving (i) 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, (ii) homicide, pursuant to Article 1 (§ 18.2-31 et seq.) of Chapter
4 of Title 18.2, (iii) felonious assault and bodily wounding, pursuant to
Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2, (iv) criminal
sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of
Title 18.2, (v) 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, (vi) manufacture, sale or distribution of marijuana
pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2,
(vii) arson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.)
of Chapter 5 of Title 18.2, or (viii) burglary and related offenses,
pursuant to §§ 18.2-89 through 18.2-93, the clerk of
the court in which the disposition is entered shall, within fifteen days if
there has been no notice of an appeal, provide written notice of the
disposition ordered by the court, including the nature of the offense upon
which the adjudication or conviction was based, to the superintendent of the
school division in which the child is enrolled at the time of the disposition
or, if he is not then enrolled in school, the division in which he was enrolled
at the time of the offense. Further disclosure of this information by the
superintendent to school personnel is authorized only as provided in §
22.1-288.2.
§ 16.1-307. Circuit court records regarding juveniles.
In proceedings against a child juvenile in the circuit court in
which the circuit court deals with the child in the same manner as a case in
the juvenile court, the clerk of the court shall preserve all records connected
with the proceedings in files separate from other files and records of the
court as provided in § 16.1-302. Except as provided in §§
19.2-389.1 and 19.2-390, such records shall be open for inspection only in
accordance with the provisions of § 16.1-305 and shall be subject to the
expungement provisions of § 16.1-306 juvenile, fourteen years of
age or older at the time of the offense, was adjudicated delinquent in juvenile
court on the basis of an act which would be a felony if committed by an adult,
or was found guilty of a felony in the circuit court, any court records
pertaining to the juvenile, other than social, medical and psychiatric or
psychological records, shall be available and shall be treated in the same
manner as adult criminal records.
§ 16.1-307. (Delayed effective date) Circuit court records regarding juveniles.
In proceedings against a child juvenile in the circuit court in
which the circuit court deals with the child in the same manner as a case in
the family court, the clerk of the court shall preserve all records connected
with the proceedings in files separate from other files and records of the
court as provided in § 16.1-302. Except as provided in §§
19.2-389.1 and 19.2-390, such records shall be open for inspection only in
accordance with the provisions of § 16.1-305 and shall be subject to the
expungement provisions of § 16.1-306 juvenile, fourteen years of
age or older at the time of the offense, was adjudicated delinquent in the
family court on the basis of an act which would be a felony if committed by an
adult, or was found guilty of a felony in the circuit court, any court records
pertaining to the juvenile, other than social, medical and psychiatric or
psychological records, shall be available and shall be treated in the same
manner as adult criminal records.
§ 16.1-308. Effect of adjudication on status of child.
A Except as otherwise provided by law for juveniles whose cases are
disposed of by the circuit courts in the same manner as an adult criminal case,
a finding of guilty on a petition charging delinquency under the provisions
of this law shall not operate to impose any of the civil disabilities
ordinarily imposed by conviction for a crime, nor shall any such finding
operate to disqualify the child for employment by any state or local
governmental agency.
§ 16.1-309. Penalty.
A. Except as provided in §§ 16.1-299, 16.1-300, 16.1-301, 16.1-305 and 16.1-307, any person who (i) files a petition, (ii) receives a petition or has access to court records in an official capacity, (iii) participates in the investigation of allegations which form the basis of a petition, (iv) is interviewed concerning such allegations and whose information is derived solely from such interview or (v) is present during any court proceeding, who discloses or makes use of or knowingly permits the use of identifying information not otherwise available to the public concerning a juvenile who is suspected of being or is the subject of a proceeding within the jurisdiction of the juvenile court pursuant to subdivisions 1 through 5 of subsection A of § 16.1-241 or who is in the custody of the State Department of Youth and Family Services, which information is directly or indirectly derived from the records or files of a law-enforcement agency, court or the Department of Youth and Family Services or acquired in the course of official duties, shall be guilty of a Class 3 misdemeanor.
B. The provisions of this section shall not apply to any law-enforcement officer or school employee who discloses to school personnel identifying information concerning a juvenile who is suspected of committing or has committed a delinquent act that has met applicable criteria of § 16.1-260 and is committed or alleged to have been committed on school property during a school-sponsored activity or on the way to or from such activity, if the disclosure is made solely for the purpose of enabling school personnel to take appropriate disciplinary action within the school setting against the juvenile. Further, the provisions of this section shall not apply to school personnel who disclose information obtained pursuant to §§ 16.1-305.1 and 22.1-288.2, if the disclosure is made solely to enable school personnel to take appropriate actions within the school setting with regard to the juvenile or another student.
§ 16.1-309. (Delayed effective date) Penalty.
A. Except as provided in §§ 16.1-299, 16.1-300, 16.1-301, 16.1-305 and 16.1-307, any person who (i) files a petition, (ii) receives a petition or has access to court records in an official capacity, (iii) participates in the investigation of allegations which form the basis of a petition, (iv) is interviewed concerning such allegations and whose information is derived solely from such interview or (v) is present during any court proceeding, who discloses or makes use of or knowingly permits the use of identifying information not otherwise available to the public concerning a juvenile who is suspected of being or is the subject of a proceeding within the jurisdiction of the family court pursuant to subdivisions 1 through 5 of subsection A of § 16.1-241 or who is in the custody of the State Department of Youth and Family Services, which information is directly or indirectly derived from the records or files of a law-enforcement agency, court or the Department of Youth and Family Services or acquired in the course of official duties, shall be guilty of a Class 3 misdemeanor.
B. The provisions of this section shall not apply to any law-enforcement officer or school employee who discloses to school personnel identifying information concerning a juvenile who is suspected of committing or has committed a delinquent act that has met applicable criteria of § 16.1-260 and is committed or alleged to have been committed on school property during a school-sponsored activity or on the way to or from such activity, if the disclosure is made solely for the purpose of enabling school personnel to take appropriate disciplinary action within the school setting against the juvenile. Further, the provisions of this section shall not apply to school personnel who disclose information obtained pursuant to §§ 16.1-305.1 and 22.1-288.2, if the disclosure is made solely to enable school personnel to take appropriate actions within the school setting with regard to the juvenile or another student.
§ 16.1-309.4 (Effective January 1, 1996) Statewide plan for juvenile services.
It shall be the duty of the Department of Youth and Family Services to devise,
develop and promulgate a statewide plan for the establishment and maintenance
of a range of institutional and community-based, predispositional and
postdispositional services to be reasonably accessible to each court. The
Department shall be responsible for the collection and dissemination of the
required court data necessary for the development of the plan. The plan shall
utilize the information provided by local plans submitted under §
16.1-309.3. The plan shall be submitted to the Board on or before July 1 in
odd-numbered years. The plan shall include a biennial forecast with appropriate
annual updates as may be required of future learning juvenile
correctional center and detention home needs.
§ 18.2-473. Persons aiding escape of prisoner or child.
When a person is lawfully detained as a prisoner in any jail or prison or held
in custody, or when a child is placed in a local juvenile detention home, or
committed to the Department of Youth and Family Services in any learning
juvenile correctional center, or Reception and Diagnostic Center for
Children or held in custody, if any person: (1) conveys anything into the jail,
prison, juvenile detention home, learning juvenile correctional
center or Reception and Diagnostic Center for Children with intent to
facilitate a person's escape therefrom, (2) in any way aids such prisoner or
child to escape, or in an attempt to escape, from such jail, prison, juvenile
detention home, learning juvenile correctional center, Reception
and Diagnostic Center for Children or custody, or (3) forcibly takes, or
attempts to take him therefrom, such person, if the taking or escape is
effected, shall, if the prisoner or child was detained on conviction,
commitment or charge of felony, be confined in a state correctional facility
not less than one year nor more than five years. If the same is not effected,
or if the prisoner or child was not detained on such conviction, commitment or
charge, he shall be guilty of a Class 1 misdemeanor.
§ 19.2-3.1. Personal appearance by two-way electronic video and audio communication; standards.
A. Where an appearance is required or permitted before a magistrate, intake officer or, prior to trial, before a judge, the appearance may be by (i) personal appearance before the magistrate, intake officer or judge or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, a magistrate, intake officer or judge may exercise all powers conferred by law and all communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by electronically transmitted facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures.
B. Any two-way electronic video and audio communication system used for an appearance shall meet the following standards:
1. The persons communicating must simultaneously see and speak to one another;
2. The signal transmission must be live, real time;
3. The signal transmission must be secure from interception through lawful means by anyone other than the persons communicating; and
4. Any other specifications as may be promulgated by the Chief Justice of the Supreme Court.
§ 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.
§ 19.2-388. Duties and authority of Exchange.
A. It shall be the duty of the Central Criminal Records Exchange to receive, classify and file criminal history record information as defined in § 9-169 and other records required to be reported to it by §§ 16.2-299 and 19.2-390. The Exchange is authorized to prepare and furnish to all state and local law-enforcement officials and agencies; to clerks of circuit courts, general district courts, and juvenile and domestic relations district courts; and to corrections and penal officials, forms which shall be used for the making of such reports.
B. Juvenile records received pursuant to § 16.1-299 shall be maintained
separately from adult records and shall be destroyed when the juvenile has
attained the age of twenty-nine, unless he was convicted of an offense
reportable to the Central Criminal Records Exchange committed when he was
between the ages of eighteen and twenty-nine.
§ 19.2-389. Dissemination of criminal history record information.
A. Criminal history record information filed with the Central Criminal Records Exchange shall be disseminated, whether directly or through an intermediary, only to:
1. Authorized officers or employees of criminal justice agencies, as defined by § 9-169, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole determinations pursuant to subdivisions 1, 2, 3, and 5 of § 53.1-136 shall include collective dissemination by electronic means every thirty days;
2. Such other individuals and agencies which require criminal history record information to implement a state or federal statute or executive order of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements and/or exclusions expressly based upon such conduct, except that information concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending;
3. Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement which shall specifically authorize access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the data;
4. Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency which shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data;
5. Agencies of state or federal government which are authorized by state or federal statute or executive order of the President of the United States or Governor to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information;
6. Individuals and agencies where authorized by court order or court rule;
7. Agencies of any political subdivision of the Commonwealth for the conduct of investigations of applicants for public employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment, permit, or license under consideration;
8. Public or private agencies when and as required by federal or state law or interstate compact to investigate applicants for foster or adoptive parenthood subject to the restriction that the data shall not be further disseminated by the agency to any party other than a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination;
9. To the extent permitted by federal law or regulation, public service companies as defined in § 56-1, for the conduct of investigations of applicants for employment when such employment involves personal contact with the public or when past criminal conduct of an applicant would be incompatible with the nature of the employment under consideration;
10. The appropriate authority for purposes of granting citizenship and for purposes of international travel, including but not limited to, issuing visas and passports;
11. A person requesting a copy of his own criminal history record information as defined in § 9-169 at his cost, except that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer (i) with a Virginia affiliate of Big Brothers/Big Sisters of America, (ii) with a volunteer fire company or volunteer rescue squad, (iii) as a court-appointed special advocate, or (iv) with the Volunteer Emergency Families for Children;
12. Administrators and board presidents of and applicants for licensure or registration as a child welfare agency as defined in § 63.1-195 for dissemination to the Commissioner of Social Services' representative pursuant to § 63.1-198 for the conduct of investigations with respect to employees of and volunteers at such facilities, caretakers, and other adults living in family day-care homes or homes approved by family day-care systems, and foster and adoptive parent applicants of private child-placing agencies, pursuant to § 63.1-198.1, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data subject, the Commissioner of Social Services' representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination;
13. The school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept public school employment;
14. The State Lottery Department for the conduct of investigations as set forth in the State Lottery Law (§ 58.1-4000 et seq.);
15. Licensed nursing homes and home care organizations for the conduct of investigations of applicants for compensated employment in licensed nursing homes pursuant to § 32.1-126.01 and home care organizations pursuant to § 32.1-162.9:1, subject to the limitations set out in subsection E;
16. Licensed homes for adults, licensed district homes for adults, and licensed adult day-care centers for the conduct of investigations of applicants for compensated employment in licensed homes for adults pursuant to § 63.1-173.2, in licensed district homes for adults pursuant to § 63.1-189.1, and in licensed adult day-care centers pursuant to § 63.1-194.13, subject to the limitations set out in subsection F;
17. The Alcoholic Beverage Control Board for the conduct of investigations as set forth in § 4.1-103.1;
18. The State Board of Elections and authorized officers and employees thereof in the course of conducting necessary investigations with respect to registered voters, limited to any record of felony convictions;
19. The Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services for those individuals who are committed to the custody of the Commissioner pursuant to §§ 19.2-169.2, 19.2-169.6, 19.2-176, 19.2-177.1, 19.2-182.2, 19.2-182.3, 19.2-182.8 and 19.2-182.9 for the purpose of placement, evaluation, and treatment planning; and
20. Other entities as otherwise provided by law.
Upon an ex parte motion of a defendant in a felony case and upon the showing that the records requested may be relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the defendant, as soon as practicable, copies of any records of persons designated in the order on whom a report has been made under the provisions of this chapter.
Notwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer authorized to take acknowledgments, the Central Criminal Records Exchange or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish a copy of conviction data covering the person named in the request to the person making the request; however, such person on whom the data is being obtained shall consent in writing, under oath, to the making of such request. A person receiving a copy of his own conviction data may utilize or further disseminate that data as he deems appropriate. In the event no conviction data is maintained on the data subject, the person making the request shall be furnished at his cost a certification to that effect.
B. Use of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further.
C. No criminal justice agency or person shall confirm the existence or nonexistence of criminal history record information for employment or licensing inquiries except as provided by law.
D. Criminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to dissemination of any criminal history record information on offenses required to be reported to the Central Criminal Records Exchange to ensure that the most up-to-date disposition data is being used. Inquiries of the Exchange shall be made prior to any dissemination except in those cases where time is of the essence and the normal response time of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been made for the dissemination of criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination. Dissemination of information regarding offenses not required to be reported to the Exchange shall be made by the criminal justice agency maintaining the record as required by § 15.1-135.1.
E. Criminal history information provided to licensed nursing homes and to home care organizations pursuant to subdivision A 15 shall be limited to the convictions on file with the Exchange for any offense specified in §§ 32.1-126.01 and 32.1-162.9:1.
F. Criminal history information provided to licensed adult care residences, licensed district homes for adults, and licensed adult day-care centers pursuant to subdivision A 16 shall be limited to the convictions on file with the Exchange for any offense specified in §§ 63.1-173.2, 63.1-189.1 or § 63.1-194.13.
§ 19.2-389.1. Dissemination of juvenile record information.
Record information maintained in the Central Criminal Records Exchange pursuant
to the provisions of § 16.1-299 shall be disseminated only (i) to make the
determination as provided in §§ 18.2-308.2 and 18.2-308.2:2 of
eligibility to possess or purchase a firearm, (ii) to aid in the preparation
of a pre-sentence or post-sentence investigation report pursuant to §
19.2-264.5 or § 19.2-299 to attorneys for the Commonwealth,
law-enforcement officers and probation and parole officers, (iii) to aid
all court service units serving juvenile delinquent offenders, and (iv) for
fingerprint comparison utilizing the fingerprints maintained in the Automated
Fingerprint Information System (AFIS) computer.
§ 19.2-390. Reports to be made by local law-enforcement officers, conservators of the peace and clerks of court to State Police; material submitted by other agencies.
A. Every state official or agency having the power to arrest, the sheriffs of counties, the police officials of cities and towns, and any other local law-enforcement officer or conservator of the peace having the power to arrest for a felony shall make a report to the Central Criminal Records Exchange, on forms provided by it, of any arrest on any of the following charges:
1. Treason;
2. Any felony;
3. Any offense punishable as a misdemeanor under Title 54.1; or
4. Any misdemeanor punishable by confinement in jail under Title 18.2 or 19.2, except an arrest for a violation of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2, for violation of Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2, or § 18.2-119 or any similar ordinance of any county, city or town.
The reports shall contain such information as is required by the Exchange and shall be accompanied by fingerprints of the individual arrested. Fingerprint cards prepared by a law-enforcement agency for inclusion in a national criminal justice file shall be forwarded to the Exchange for transmittal to the appropriate bureau.
For persons arrested and released on summonses in accordance with § 19.2-74, such report shall not be required until (i) after a conviction is entered and no appeal is noted or if an appeal is noted, the conviction is upheld upon appeal or the person convicted withdraws his appeal; (ii) the court dismisses the proceeding pursuant to § 18.2-251; or (iii) after a verdict of acquittal by reason of insanity pursuant to § 19.2-182.2. Upon such conviction or acquittal, the court shall remand the individual to the custody of the office of the chief law-enforcement officer of the county or city. It shall be the duty of the chief law-enforcement officer, or his designee who may be the arresting officer, to ensure that such report is completed after a determination of guilt or acquittal by reason of insanity. The court shall require the officer to complete the report immediately following his conviction or acquittal, and the individual shall be discharged from custody forthwith, unless the court has imposed a jail sentence to be served by him or ordered him committed to the custody of the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services.
B. Within seventy-two hours following the receipt of a warrant or capias for the arrest of any person on a charge of a felony, the law-enforcement agency which received the charge shall enter the accused's name and other appropriate information required by the Department of State Police into the "information system", known as the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. The report shall include the person's name, date of birth, social security number and such other known information which the State Police may require. Any unexecuted criminal process which has been entered into the VCIN system shall be removed forthwith by the entering law-enforcement agency when the criminal process has been ordered destroyed pursuant to § 19.2-76.1.
C. The clerk of each circuit court and district court shall make a report to
the Central Criminal Records Exchange of (i) any dismissal, indefinite
postponement or continuance, charge still pending due to mental incompetency,
nolle prosequi, acquittal, or conviction of, or failure of a grand jury to
return a true bill as to, any person charged with an offense listed in
subsection A of this section and (ii) any adjudication of delinquency based
upon an act which would be a felony , if committed by an adult,
provided fingerprints and photographs of the juvenile were required
would require fingerprints to be taken filed pursuant to
subsection A of § 16.1-299. In the case of offenses not required to
be reported to the Exchange by subsection A of this section, the reports of any
of the foregoing dispositions shall be filed by the law-enforcement agency
making the arrest with the arrest record required to be maintained by §
15.1-135.1. Upon conviction of a felony in violation of §§ 18.2-61,
18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or
§ 18.2-370.1 or, where the victim is a minor or is physically helpless or
mentally incapacitated as defined in § 18.2-67.10, subsection B of §
18.2-361 or subsection B of § 18.2-366, including juveniles tried and
convicted in the circuit courts pursuant to § 16.1-269
16.1-269.1, whether sentenced as adults or juveniles, the clerk shall
also submit a report to the Sex Offender Registry. The report to the Sex
Offender Registry shall include the name of the person convicted and all
aliases which he is known to have used, the date and locality of the conviction
for which registration is required, his date of birth, social security number,
last known address, and specific reference to the offense for which he was
convicted. No report of conviction or adjudication in a district court shall be
filed unless the period allowed for an appeal has elapsed and no appeal has
been perfected. In the event that the records in the office of any clerk show
that any conviction or adjudication has been nullified in any manner, he shall
also make a report of that fact to the Exchange and, if appropriate, to the
Registry, and each clerk of a circuit court, upon receipt of certification
thereof from the Supreme Court, shall report to the Exchange or the Registry,
or to the law-enforcement agency making the arrest in the case of offenses not
required to be reported to the Exchange, on forms provided by the Exchange or
Registry, as the case may be, any reversal or other amendment to a prior
sentence or disposition previously reported. When criminal process is ordered
destroyed pursuant to § 19.2-76.1, the clerk shall report such action to
the law-enforcement agency that entered the warrant or capias into the VCIN
system.
D. In addition to those offenses enumerated in subsection A of this section, the Central Criminal Records Exchange may receive, classify and file any other fingerprints and records of arrest or confinement submitted to it by any law-enforcement agency or any correctional institution.
E. Corrections officials responsible for maintaining correctional status information, as required by the rules and regulations of the Department of Criminal Justice Services, with respect to individuals about whom reports have been made under the provisions of this chapter shall make reports of changes in correctional status information to the Central Criminal Records Exchange.
F. Officials responsible for reporting disposition of charges, and correctional changes of status of individuals under this section, including those reports made to the Sex Offender Registry, shall adopt procedures reasonably designed at a minimum (i) to ensure that such reports are accurately made as soon as feasible by the most expeditious means and in no instance later than thirty days after occurrence of the disposition or correctional change of status; and (ii) to report promptly any correction, deletion, or revision of the information.
G. Upon receiving a correction, deletion, or revision of information, the Central Criminal Records Exchange shall notify all criminal justice agencies known to have previously received the information.
As used in this section, the term "chief law-enforcement officer" means the chief of police of cities and towns and sheriffs of counties, unless a political subdivision has otherwise designated its chief law-enforcement officer by appropriate resolution or ordinance, in which case the local designation shall be controlling.
§ 19.2-392.01. Judges may require taking of fingerprints and photographs in certain misdemeanor cases.
The judge of a general district court may, in his discretion, on motion
of the attorney for the Commonwealth, require the duly constituted police
officers of the county, city or town within the territorial jurisdiction of the
court to take the fingerprints and photograph of any person who has been
arrested and charged with a misdemeanor other than a misdemeanor which is a
violation of any provision of Title 46.2.
§ 22.1-209.1:2. (Effective until July 1, 1997) Alternative education programs for certain students.
A. With such funds as may be appropriated for this purpose, the Board of
Education shall establish a program consisting of alternative education options
for school-age children in compliance with subdivision D 8 of §
22.1-253.13:1 who (i) have committed an offense in violation of school board
policies relating to weapons, alcohol or drugs, or intentional injury to
another person, or against whom a petition or warrant has been filed alleging
such acts or school board charges alleging such policy violations are pending;
(ii) have been expelled from school attendance or have received one suspension
for an entire semester, or have received two or more long-term suspensions
within one school year; or (iii) have been released from a youth learning
juvenile correctional center and have been identified by the
Superintendent of the Department of Correctional Education and the relevant
division superintendent as requiring an alternative education program. However,
no child shall be assigned to any alternative education program described in
this section for more than one school year without an annual assessment of the
placement to determine the appropriateness of transitioning the child into the
school division's regular program. On and after July 1, 1994, the program shall
consist of up to ten regional pilot projects; any additional pilot projects
shall be located in regions throughout the state to provide greater
geographical distribution of such projects. All such projects shall be awarded
on a competitive basis to applicants responding to requests for proposals,
giving priority in awarding any new sites, to the extent practicable, to
applicants in areas with high student suspension and expulsion rates that meet
the requirements in subsection B of this section. The Board of Education shall
promulgate regulations for the implementation of the program.
B. Upon the appropriation of funds for the purposes of this section, the Department of Education shall issue a request for proposals for regional projects to pilot selected alternative education options by July 1, 1993. The first such grants shall be awarded by August 20, 1993. Applications for grants shall include the following components:
1. An agreement executed by two or more school divisions and approval of their respective governing bodies to pilot an alternative education option as provided in subsection A, and a plan for the apportionment of responsibilities for the administration, management, and support of the program, including, but not limited to, the facilities and location for the program, daily operation and oversight, staffing, instructional materials and resources, transportation, funding and in-kind services, and the program of instruction.
2. A procedure for obtaining the participation in or support for the program, as may be determined, of the parents, guardian or other person having charge or control of a child placed in the program.
3. An interagency agreement for cooperation executed by the local departments of health and social services or welfare; the juvenile and domestic relations district court; law-enforcement agencies; institutions of higher education and other post-secondary training programs; professional and community organizations; the business and religious communities; dropout prevention and substance abuse prevention programs; community services boards located in the applicants' respective jurisdictions; and the Department of Correctional Education.
4. A curriculum developed for intensive, accelerated instruction designed to establish high standards and academic achievement for participating students.
5. An emphasis on building self-esteem and the promotion of personal and social responsibility.
6. A low pupil-teacher ratio to promote a high level of interaction between the students and the teacher.
7. An extended day program, where appropriate, to facilitate remediation; tutoring; counseling; organized, age-appropriate, developmental education for elementary and middle school children; and opportunities that enhance acculturation and permit students to improve their social and interpersonal relationship skills.
8. Community outreach to build strong school, business, and community partnerships, and to promote parental involvement in the educational process of participating children.
9. Specific, measurable goals and objectives and an evaluation component to
determine the program's effectiveness in reducing acts of crime and violence by
students, the dropout rate, the number of youth committed to youth learning
juvenile correctional centers, and recidivism; and in increasing the
academic achievement levels and rehabilitative success of participating
students, admission to institutions of higher education and other
post-secondary education and training programs, and improving staff retention
rates.
10. The number of children who may be assigned to the regional pilot alternative education program during the school year.
11. A plan for transitioning the enrolled students into the relevant school division's regular program.
12. A current program of staff development and training.
C. Beginning with the first year of program implementation, the Department of Education shall be entitled to deduct annually from the locality's share for the education of its students a sum equal to the actual local expenditure per pupil for the support of those students placed by the relevant school division in any such pilot program. The amount of the actual transfers shall be based on data accumulated during the prior school year.
D. A school board shall require written notification to the pupil's parent, guardian, or other person having charge or control, when a pupil commits an offense in violation of school board policies, which school officials determine was committed without the willful intent to violate such policies, or when the offense did not endanger the health and safety of the individual or other persons, of the nature of the offense no later than two school days following its occurrence. A school board shall require the principal of the school where the child is in attendance or other appropriate school personnel to develop appropriate measures, in conjunction with the pupil's parent or guardian, for correcting such behavior.
E. The Board shall require submission of interim evaluation reports of each pilot program biannually and shall compile these reports and other program materials and report the status of such programs on a periodic basis, as may be established, during the 1993 legislative interim to the Special Joint Subcommittee on School Crime and Violence. The Board shall report the effectiveness of such programs and their components annually to the Governor and the General Assembly beginning by December 1, 1994.
F. For the purposes of this section, "regional pilot program" means a program supported and implemented by two or more school divisions which are either geographically contiguous or have a community of interest.
G. For the purposes of this section, "one school year" means no more than 180 teaching days.
§ 22.1-277.3. Superintendent's receipt of notice of the filing of a petition.
When a superintendent of a local school division receives notice of the filing of a petition from the court or a court services unit in accordance with § 16.1-260, or upon request for such information made in conjunction with the preparation of a juvenile's social history in accordance with § 16.1-273, the superintendent shall provide information regarding the juvenile's educational placement, services and progress. When a superintendent receives notice of a juvenile's return to the community following commitment, the superintendent or his designee shall participate in the development of a reenrollment plan, in compliance with the regulations for reenrollment according to § 22.1-17.1.
§ 22.1-277.4. Juveniles expelled from school.
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 reenroll the juvenile.
§ 22.1-344. Appointment of Superintendent of Correctional Education; powers and duties.
The Governor shall appoint, subject to confirmation by the General Assembly,
the Superintendent of the Department of Correctional Education, who shall meet
the minimum standards for division superintendents set by the Board of
Education. The Superintendent shall supervise the administration of the
Department of Correctional Education, and prepare, approve, and submit all
requests for appropriations and be responsible for all expenditures pursuant to
appropriations. The Superintendent shall also employ teachers and place them in
appropriate schools. The Superintendent shall also develop and implement a
literacy program for inmates in correctional facilities. It shall be the duty
of the Superintendent of Correctional Education to notify the division
superintendent of the school division of the school last attended by a pupil
that such pupil is in attendance in a school in the department's learning
juvenile correctional centers. Such notice shall include, but not
be limited to, name, address, age, last school attended, the last grade in
which the pupil was enrolled, and the program of instruction in which such
pupil is enrolled currently at the learning juvenile correctional
center. Other powers and duties of the Superintendent of Correctional
Education shall be fixed by the Board of Education in accordance with law.
§ 29.1-317. Special fishing permits for certain juveniles.
A. Upon application from the superintendent of any juvenile learning
correctional center maintained and operated by the Department of
Youth and Family Services, the Director may issue a permit to allow the
residents of such learning juvenile correctional center to fish
under supervision without licenses in public waters open to fishing. The
permits shall not be issued for use in designated waters stocked with trout or
in waters where a daily fishing fee has been imposed pursuant to §
29.1-318.
B. The application for the permit shall state the name and description of the group, the period of time during which it will be used, the general area in which it will be used, and the name of the person who will be responsible for the group.
§ 53.1-63.1. Department to establish facilities for juveniles sentenced as adults.
The Department shall establish, staff and maintain, at any state correctional facilities designated by the Board, programs and housing for the rehabilitation, training, and confinement of juveniles sentenced by the circuit courts as adults and committed to the Department pursuant to § 16.1-272. 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.
§ 53.1-66. Transfer of prisoners to other facilities.
Any person confined by the Department in a facility established by this chapter may be transferred from such facility to other facilities in the state corrections system for the remainder of the period of commitment under § 16.1-272 or Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2, upon a written finding by the Department submitted to the sentencing court that the person has exhibited intractable behavior or, in the case of persons committed under § 19.2-311, otherwise becomes ineligible to use such facilities pursuant to § 19.2-311.
"Intractable behavior" means behavior which (i) indicates an inmate's unwillingness or inability to conform his behavior to that necessary to his successful completion of the program or (ii) is so disruptive as to threaten the successful completion of the program by other participants.
§ 66-10. Powers and duties of Board.
The Board shall have the following powers and duties:
1. To develop and establish programmatic and fiscal policies governing the operation of programs and facilities for which the Department is responsible under this law.
2. To ensure the development and implementation of a long-range youth services policy.
3. To review and comment on all budgets and requests for appropriations for the Department prior to their submission to the Governor and on all applications for federal funds.
4. To monitor the activities of the Department and its effectiveness in implementing the policies of the Board.
5. To advise the Governor, Director and the General Assembly on matters relating to youth services.
6. To promulgate such regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth administered by the Director or the Department. The Board of Youth and Family Services may adopt such Board of Corrections' regulations and standards as it may deem appropriate. If regulations and standards so adopted are not amended substantively by the Board of Youth and Family Services, such Board need not comply with the provisions of Article 2 (§ 9-6.14:7.1 et seq.) of Chapter 1.1:1 of Title 9.
7. To ensure the development of programs to educate citizens and elicit public support for the activities of the Department.
8. To establish length-of-stay guidelines for juveniles indeterminately committed to the Department and to make such guidelines available for public comment.
§ 66-13. Authority of Department as to juveniles committed to it; establishment of facilities; arrangements for temporary care.
A. The Department is authorized and empowered to receive children
juveniles 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 children juveniles. The Department may make arrangements
with satisfactory persons, institutions or agencies, or with cities or counties
maintaining places of detention for children juveniles, for the
temporary care of such children juveniles.
B. The Department may establish, or contract with private entities, political subdivisions 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, education and rigid discipline and no less than six months of intensive aftercare. No private entity contracting or operating a boot camp on behalf of the Department shall claim the defense of sovereign immunity or defenses under the Virginia Tort Claims Act (§ 8.01-195.1 et seq.). No contract to establish a juvenile boot camp shall be executed by the Department nor shall any funds be expended for the contract unless an appropriation has been expressly approved as is otherwise provided by law.
C. The Department may by mutual agreement with a locality or localities and, pursuant to standards promulgated pursuant to § 16.1-309.9, establish detention homes for use by a locality or localities for pre-trial and post-dispositional detention pursuant to §§ 16.1-248.1 and 16.1-284.1. The Department may collect by mutual agreement with a locality or localities and from any locality of this Commonwealth from which a juvenile is placed in such a detention home, the reasonable cost of maintaining such juvenile in such facility and a portion of the cost of construction of such facility. Such agreements shall be subject to approval by the General Assembly in the general appropriation act.
§ 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 the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $5,382,720.
3. That beginning July 1, 1996, the magistrate training program established by the Committee on District Courts pursuant to § 19.2-38 shall include a component addressing the issuance of warrants and detention orders in juvenile courts.
4. That beginning July 1, 1996, the circuit court judge training program established by the Committee on District Courts pursuant to § 19.2-38 shall include a mandatory component addressing juvenile court dispositional options for juveniles tried in circuit courts.
5. That the Department of Youth and Family Services shall conduct a three-year follow-up of juveniles sentenced to Boot Camps established pursuant to § 66-13 to determine the effectiveness of this sentencing option. Beginning October 1, 1996, and each year thereafter, the Department shall report the findings of the evaluations to the chairmen of Health, Welfare and Institutions, Senate Education and Health, House Appropriations Committee, Senate Finance, Rehabilitation and Social Services and Courts of Justice.
6. That no later than October 1, 1996, the Board of Youth and Family Services shall establish length-of-stay guidelines for juveniles indeterminately committed to the Department. By November 1, 1996, and annually thereafter, the Department shall provide copies of the guidelines and the estimated impact on juvenile correctional facility bed space needs to the General Assembly.