77667516.1-248.1Virginia Decodedhttps://vacode.org2016Courts Not Of RecordJuvenile And Domestic Relations District CourtsImmediate Custody, Arrest, Detention And Shelter CareCriteria for detention or shelter care1977, c. 559; 1979, c. 701; 1985, c. 260; 1986, c. 517; 1987, c. 632; 1989, c. 725; 1990, c. 257; 1996, cc. 755, 914; 2000, c. 836; 2001, c. 837; 2002, cc. 55, 359; 2003, cc. 104, 851; 2004, c. 374; 2005, c. 647; 2010, c. 683; 2011, c. 644. . . . Christopher Jordan, by His Parents and Next Friends, Philip . . . 93-165615 F.3d 3331994-01-31https://www.courtlistener.com/opinion/661725/christopher-jordan-by-his-parents-and-next-friends-philip-and-betty-sue/ . . . juvenile delinquents, see, e.g., Va.Code Secs. 16.1-248.1(A) & -255, may be unfamiliar with . . . Court of Appeals for the Fourth CircuitMoss v. Com.1235983516 S.E.2d 2461999-07-06https://www.courtlistener.com/opinion/1066249/moss-v-com/ . . . he was taken into custody pursuant to Code § 16.1-248.1. The evidence clearly demonstrates that . . . <abbr title="Court of Appeals">COA</abbr>JUD. INQUIRY & REVIEW COM'N OF VA v. Taylor090845685 S.E.2d 512009-11-05https://www.courtlistener.com/opinion/1058283/jud-inquiry-review-comn-of-va-v-taylor/ . . . , predisposition detention pursuant to Code § 16.1-248.1(G) does not implicate Code § 19.2-124 . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/16.1-248.1/16.1-247Duties of person taking child into custody/16.1-247/16.1-277.1Time limitation/16.1-277.1/18.2-456Cases in which courts and judges may punish summarily for contempt/18.2-456/19.2-119Definitions/19.2-119//16.1-248.1/16.1/11/4/16.1-248.116.1-248.216.1-248.316.1-24916.1-25016.1-25416.1-25616.1-26066-13 The juvenile is alleged to have (a) violated the terms of his probation or parole when the charge for which he was placed on probation or parole would have been a felony or Class 1 misdemeanor if committed by an adult; (b) committed an act that would be a felony or Class 1 misdemeanor if committed by an adult; or (c) violated any of the provisions of § 18.2-308.7, and there is clear and convincing evidence that:
sectionA1A12 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 liberty of the juvenile, constitutes a clear and substantial threat to the person or property of others;sectionA1aA1a3 The 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.sectionA2A22 The juvenile is a fugitive from a jurisdiction outside the Commonwealth and subject to a verified petition or warrant, in which case such juvenile may be detained for a period not to exceed that provided for in § 16.1-323 while arrangements are made to return the juvenile to the lawful custody of a parent, guardian or other authority in another state.sectionA3A32 The 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 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 72 hours from the time he was taken into custody. If the 72-hour period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.sectionA4A42 The juvenile failed to adhere to the conditions imposed upon him by the court, intake officer or magistrate following his release upon a Class 1 misdemeanor charge or a felony charge.When a juvenile is placed in secure detention, the detention order shall state the offense for which the juvenile is being detained, and, to the extent practicable, other pending and previous charges.sectionA5A52Any 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 juvenile may be placed in shelter care if:sectionBB1 The juvenile is eligible for placement in a secure facility;sectionB1B12 The juvenile has failed to adhere to the directions of the court, intake officer or magistrate while on conditional release;sectionB2B22 The juvenile does not consent to return home;sectionB4B42The criteria for continuing the 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 juvenile.sectionDD1A 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 juvenile fled or where he was taken into custody.sectionFF1The court is authorized to detain a juvenile based upon the criteria set forth in subsection A at any time after a delinquency petition has been filed, both prior to adjudication and after adjudication pending final disposition subject to the time limitations set forth in § 16.1-277.1.sectionGG1If the intake officer or magistrate releases the juvenile, either on bail or recognizance or under such conditions as may be imposed, no motion to revoke bail, or change such conditions may be made unless (i) the juvenile has violated a term or condition of his release, or is convicted of or taken into custody for an additional offense, or (ii) the attorney for the Commonwealth presents evidence that incorrect or incomplete information regarding the factors in subsection A was relied upon by the intake officer or magistrate establishing the initial terms of release. If the juvenile court releases the juvenile, either on bail or recognizance or under such conditions as may be imposed, over the objection of the attorney for the Commonwealth, the attorney for the Commonwealth may appeal such decision to the circuit court. The order of the juvenile court releasing the juvenile shall remain in effect until the circuit court, Court of Appeals or Supreme Court rules otherwise.sectionHH1