Sections
Article 1 General Provisions 16.1-226 – 16.1-229
Article 2 Organization and Personnel 16.1-230 – 16.1-240
Article 3 Jurisdiction and Venue 16.1-241 – 16.1-245.1
Article 4 Immediate Custody, Arrest, Detention and Shelter Care 16.1-246 – 16.1-258
Article 5 Intake, Petition and Notice 16.1-259 – 16.1-265
Article 6 Appointment of Counsel 16.1-266 – 16.1-268
Article 7 Transfer and Waiver 16.1-269.1 – 16.1-272.1
Article 8 Adjudication 16.1-273 – 16.1-277.2
Article 9 Disposition 16.1-278 – 16.1-290.1
Article 10 Probation and Parole 16.1-291 – 16.1-295
Article 11 Appeal 16.1-296 – 16.1-298
Article 12 Confidentiality and Expungement 16.1-299 – 16.1-309.1
Article 12 1. Virginia Juvenile Community Crime Control Act 16.1-309.2 – 16.1-309.10
Article 13 Facilities for Detention and Other Residential Care 16.1-315 – 16.1-322
Article 13 1. Funding of Local Juvenile Facilities, Programs and Certain Court Service Units 16.1-322.1 – 16.1-322.4
Article 13 2. Private Operation of Juvenile Detention Facilities 16.1-322.5 – 16.1-322.7
Article 14 Interstate Compact Relating to Juveniles 16.1-323 – 16.1-324
Article 14 1. Serious or Habitual Offender Comprehensive Action Program 16.1-330.1 – 16.1-330.2
Article 15 Emancipation of Minors 16.1-331 – 16.1-334.1
Article 16 Psychiatric Treatment of Minors Act 16.1-335 – 16.1-348
Article 17 Standby Guardianship 16.1-349 – 16.1-355
Article 18 Juvenile Competency 16.1-356 – 16.1-361

Terms Used In Virginia Code > Title 16.1 > Chapter 11

  • Abuse: means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. See Virginia Code 37.2-100
  • Abused or neglected child: means any child:

    1. See Virginia Code 37.2-422

  • Accident: means an accident covered under the group insurance coverage purchased by the Board. See Virginia Code 46.2-366
  • 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. See Virginia Code 37.2-422
  • Adult: means a person 18 years of age or older. See Virginia Code 37.2-422
  • agent: means a person not less than 16 years of age charged by an entity with the responsibility of navigating and operating an electric personal delivery device. See Virginia Code 46.2-100
  • 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. See Virginia Code 37.2-422
  • Animal: means any organism of the kingdom Animalia, other than a human being. See Virginia Code 2.2-2528
  • Appointing authority: means the General Assembly or the Governor. See Virginia Code 46.2-347
  • authority: means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ Virginia Code 37.2-422
  • clinic: means an individual, partnership or corporation, institution of higher education, or government entity licensed by the Department as prescribed by this chapter for the purpose of instructing persons identified by the Department and the court system as problem drivers; in need of driver improvement education and training; and for drivers interested in improving their own knowledge of highway safety. See Virginia Code 46.2-490.3
  • Coal slurry: means waste water and impurities produced as the result of coal washing and preparation for market, containing a combination of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings. See Virginia Code 46.2-212
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-100
  • Commissioner: means the Commissioner of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
  • Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Commissioner: means the Commissioner of the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
  • Communicable disease of public health threat: means an illness of public health significance, as determined by the State Health Commissioner in accordance with regulations of the Board of Health, caused by a specific or suspected infectious agent that may be reasonably expected or is known to be readily transmitted directly or indirectly from one individual to another and has been found to create a risk of death or significant injury or impairment; this definition shall not, however, be construed to include human immunodeficiency viruses or tuberculosis, unless used as a bioterrorism weapon. See Virginia Code 37.2-427
  • Community services board: means the public body established pursuant to § Virginia Code 46.2-347
  • Dam: means an artificial barrier or obstruction designed to impound water, coal slurry, or silt to an elevation of five feet or more above the upstream toe of the structure, and has a storage volume of 20 acre-feet or more, or is designed to impound water, coal slurry, or silt to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume. See Virginia Code 46.2-212
  • Deferred compensation plan: means a plan established pursuant to the provisions of § 457(b) of the Internal Revenue Code of 1986, as amended, that may provide for elective and non-elective deferrals of compensation by or on behalf of employees and may include a qualified Roth contribution program as described in § 402A of the Internal Revenue Code of 1986, as amended. See Virginia Code 46.2-388
  • Delinquent act: means (i) an act designated a crime under the law of the Commonwealth, or an ordinance of any city, county, town, or service district, or under federal law, (ii) a violation of § Virginia Code 37.2-422
  • Department: means the Department of Juvenile Justice 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. See Virginia Code 37.2-422
  • Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
  • Department: means the Department of Emergency Management. See Virginia Code 37.2-716
  • Department: means the Department of Emergency Management. See Virginia Code 37.2-719
  • Department: means the Department of Mines, Minerals and Energy. See Virginia Code 37.2-826
  • Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Department: means the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
  • Designee of the local community services board: means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department of Behavioral Health and Developmental Services, (iii) is able to provide an independent examination of the minor, (iv) is not related by blood, marriage, or adoption to, or is not the legal guardian of, the minor being evaluated, (v) has no financial interest in the admission or treatment of the minor being evaluated, (vi) has no investment interest in the facility detaining or admitting the minor under this article, and (vii) except for employees of state hospitals and of the U. See Virginia Code 46.2-360
  • detention home: means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody. See Virginia Code 37.2-422
  • Developmental services: means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
  • Director: means the Director of the Department of Mines, Minerals and Energy. See Virginia Code 37.2-826
  • Disaster: means (i) any man-made disaster including any condition following an attack by any enemy or foreign nation upon the United States resulting in substantial damage of property or injury to persons in the United States and may be by use of bombs, missiles, shell fire, nuclear, radiological, chemical, or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; also any industrial, nuclear, or transportation accident, explosion, conflagration, power failure, resources shortage, or other condition such as sabotage, oil spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship, or loss of life; and (ii) any natural disaster including any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable disease of public health threat, or other natural catastrophe resulting in damage, hardship, suffering, or possible loss of life;

    "Discharge" means spillage, leakage, pumping, pouring, seepage, emitting, dumping, emptying, injecting, escaping, leaching, fire, explosion, or other releases;

    "Emergency" means any occurrence, or threat thereof, whether natural or man-made, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or natural resources and may involve governmental action beyond that authorized or contemplated by existing law because governmental inaction for the period required to amend the law to meet the exigency would work immediate and irrevocable harm upon the citizens or the environment of the Commonwealth or some clearly defined portion or portions thereof;

    "Emergency services" means the preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. See Virginia Code 37.2-427

  • Dismemberment: means a dismemberment covered under the group insurance coverage purchased by the Board. See Virginia Code 46.2-366
  • driver: means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle. See Virginia Code 46.2-100
  • Employee: means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Behavioral Health and Developmental Services. See Virginia Code 46.2-360
  • Employee: means a state police officer. See Virginia Code 46.2-341.26:3
  • Employee: means any (i) member of the Capitol Police Force as described in § Virginia Code 46.2-388
  • Facility: means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. See Virginia Code 37.2-100
  • Family abuse: means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. See Virginia Code 37.2-422
  • Family member: means an immediate family member of an individual receiving services or the principal caregiver of that individual. See Virginia Code 37.2-100
  • 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, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons 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 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person. See Virginia Code 37.2-422
  • Farm tractor: means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements, including self-propelled mowers designed and used for mowing lawns. See Virginia Code 46.2-100
  • Felonious assault: means a physical assault (i) by another person resulting in bodily harm to an insured employee; (ii) that takes place while such employee is performing his customary duties at the employer's normal place of business or at other places the employer's business requires him to travel; (iii) that involves the use of force or violence with the intent to cause harm; and (iv) that is a felony or misdemeanor under applicable law. See Virginia Code 46.2-366
  • Financial responsibility: means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in § Virginia Code 6.2-849
  • Host state: has the meaning assigned to it in § Virginia Code 46.2-366
  • Impounding water: means to impound water that has been used in carrying out any part of the process necessary in the production or preparation of coal. See Virginia Code 46.2-212
  • Incapable of making an informed decision: means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. See Virginia Code 46.2-360
  • Independent living services: means services and activities provided to a child in foster care 14 years of age or older and who has been committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. See Virginia Code 37.2-422
  • individual: means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer" "patient" "resident" "recipient" or "client. See Virginia Code 37.2-100
  • Individual: shall include any companion animal. See Virginia Code 37.2-427
  • Inpatient treatment: means placement for observation, diagnosis, or treatment of mental illness in a psychiatric hospital or in any other type of mental health facility determined by the Department of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness. See Virginia Code 46.2-360
  • Instructor: means any person, whether acting for himself as operator of a driver training clinic or for such clinic for compensation, who is licensed by the Department as prescribed by this chapter and who teaches, conducts classes, gives demonstrations, or supervises persons undergoing mandatory or voluntary driver improvement training. See Virginia Code 46.2-490.3
  • insurance program: means the plan covered under the policy purchased by the Board which provides group life, accidental death, and dismemberment insurance coverage for employees. See Virginia Code 46.2-366
  • Intake officer: means a juvenile probation officer appointed as such pursuant to the authority of this chapter. See Virginia Code 37.2-422
  • Intellectual disability: means a disability, originating before the age of 18 years, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning, administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. See Virginia Code 37.2-100
  • judge: includes a retired judge sitting by designation pursuant to § Virginia Code 46.2-347
  • juvenile and domestic relations court: means the juvenile and domestic relations district court of each county or city. See Virginia Code 37.2-422
  • lane: means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles. See Virginia Code 46.2-100
  • law: means the Juvenile and Domestic Relations District Court Law embraced in this chapter. See Virginia Code 37.2-422
  • Law-enforcement officer: means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law. See Virginia Code 46.2-100
  • Least restrictive alternative: means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit or to protect the minor or others from physical injury. See Virginia Code 46.2-360
  • 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 § Virginia Code 2.2-2528
  • Member: means any person included in the membership of the retirement system as provided in this chapter. See Virginia Code 46.2-341.26:3
  • Member: means any person included in the membership of the Retirement System as provided in this chapter. See Virginia Code 46.2-341.29
  • Member: means a person who owns or controls a five percent or greater interest in a limited liability company. See Virginia Code 3.2-6003
  • Mental health facility: means a public or private facility for the treatment of mental illness operated or licensed by the Department of Behavioral Health and Developmental Services. See Virginia Code 46.2-360
  • Mental illness: means a substantial disorder of the minor's cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment or capacity to recognize reality or to control behavior. See Virginia Code 46.2-360
  • Mental illness: means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others. See Virginia Code 37.2-100
  • Minor: means a person less than 18 years of age. See Virginia Code 46.2-360
  • minor: means a person less than 18 years of age. See Virginia Code 37.2-422
  • Money order: means a check, traveler's check, draft, or other instrument for the transmission or payment of money or monetary value whether or not negotiable. See Virginia Code 3.2-6003
  • Money transmission: means receiving money or monetary value for transmission by wire, facsimile, electronic means or other means or selling or issuing stored value. See Virginia Code 3.2-6003
  • Motor vehicle: means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. See Virginia Code 46.2-100
  • Motorcycle: means every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour. See Virginia Code 46.2-100
  • Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 2.2-1117
  • Nonresident: means every person who is not domiciled in the Commonwealth, except: (i) any foreign corporation that is authorized to do business in the Commonwealth by the State Corporation Commission shall be a resident of the Commonwealth for the purpose of this title; in the case of corporations incorporated in the Commonwealth but doing business outside the Commonwealth, only such principal place of business or branches located within the Commonwealth shall be dealt with as residents of the Commonwealth; (ii) a person who becomes engaged in a gainful occupation in the Commonwealth for a period exceeding 60 days shall be a resident for the purposes of this title except for the purposes of Chapter 3 (§ Virginia Code 46.2-341.26:3
  • Normal retirement date: means a member's sixtieth birthday. See Virginia Code 46.2-341.29
  • Normal retirement date: means a member's sixty-fifth birthday. See Virginia Code 46.2-347
  • Notary: means notary public. See Virginia Code 2.2-1118
  • Nuclear power station: means a facility producing electricity through the utilization of nuclear energy for sale to the public which is required to be licensed by the Nuclear Regulatory Commission and includes all units of the facility at a single site. See Virginia Code 37.2-716
  • Operator: means any person who operates, controls, or supervises a water, coal slurry, or silt retaining dam or mine refuse pile impounding water. See Virginia Code 46.2-212
  • Out-of-state bank: has the meaning assigned to it in § Virginia Code 6.2-849
  • Owner: means a person who holds the legal title to a vehicle; however, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title. See Virginia Code 46.2-100
  • Parent: includes parent, guardian, legal custodian, or other person standing in loco parentis. See Virginia Code 37.2-845
  • Parent: means (i) a biological or adoptive parent who has legal custody of the minor, including either parent if custody is shared under a joint decree or agreement, (ii) a biological or adoptive parent with whom the minor regularly resides, (iii) a person judicially appointed as a legal guardian of the minor, or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption or otherwise by operation of law. See Virginia Code 46.2-360
  • Participating employer: means the Commonwealth or any political subdivision that has elected pursuant to § Virginia Code 46.2-341.26:3
  • Retirement System: means the Virginia Law Officers' Retirement System. See Virginia Code 46.2-341.29
  • Retirement system: means the Judicial Retirement System. See Virginia Code 46.2-347
  • Retirement System: means the Virginia Retirement System. See Virginia Code 46.2-366
  • revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
  • Safety restraint system: means a properly installed seatbelt, lap and shoulder restraint or other restraint approved by the National Highway Traffic Safety Administration or any successor governmental agency. See Virginia Code 46.2-366
  • School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of the mentally or physically handicapped to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § Virginia Code 2.2-4311.1
  • Silt: means fine particles resulting from a mining operation, suspended in or deposited by water. See Virginia Code 46.2-212
  • Special justice: means a person appointed by a chief judge of a judicial circuit for the purpose of performing the duties of a judge pursuant to § Virginia Code 2.2-2528
  • Status offender: means a child who commits an act prohibited by law which would not be criminal if committed by an adult. See Virginia Code 37.2-422
  • Status offense: means an act prohibited by law which would not be an offense if committed by an adult. See Virginia Code 37.2-422
  • Substance abuse: means the use of drugs, enumerated in the Virginia Drug Control Act (§ Virginia Code 46.2-100
  • Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
  • Training center: means a facility operated by the Department that provides training, habilitation, or other individually focused supports to persons with intellectual disability. See Virginia Code 37.2-100
  • Treatment: means any planned intervention intended to improve a minor's functioning in those areas which show impairment as a result of mental illness. See Virginia Code 46.2-360
  • Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except electric personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
  • Violent juvenile felony: means any of the delinquent acts enumerated in subsection B or C of § Virginia Code 6.2-849
  • Water: means liquid or slurry as a result of the processing of coal in mining operations. See Virginia Code 46.2-212