CODE OF VIRGINIA

CHILDREN IN NEED OF SUPERVISION (§ 16.1-278.5)

A. If a child is found to be in need of supervision, the court shall, before
final disposition of the case, direct the appropriate public agency to evaluate
the child’s service needs using an interdisciplinary team approach. The
team shall consist of qualified personnel who are reasonably available from the
appropriate department of social services, community services board, local
school division, court service unit and other appropriate and available public
and private agencies and may be the family assessment and planning team
established pursuant to § 2.2-5207. A report of the evaluation shall be filed
as provided in § 16.1-274 A. In lieu of directing an evaluation be made, the
court may consider the report concerning the child of an interdisciplinary team
which met not more than ninety days prior to the court’s making a finding
that the child is in need of supervision.

B. The court may make any of the following orders of disposition for the
supervision, care and rehabilitation of the child:

   1.  Enter any order of disposition authorized by § 16.1-278.4 for a child
   found to be in need of services;

   2.  Place the child on probation under such conditions and limitations as the
   court may prescribe including suspension of the child’s driver’s
   license upon terms and conditions which may include the issuance of a
   restricted license for those purposes set forth in subsection E of §
   18.2-271.1;

   3.  Order the child and/or his parent 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
   child;

   4.  Require the child to participate in a public service project under such
   conditions as the court may prescribe; or

   5.  a. Beginning July 1, 1992, in the case of any child subject to compulsory
   school attendance as provided in § 22.1-254, where the court finds that the
   child’s parent is in violation of §§ 22.1-254, 22.1-255, 22.1-265, or
   § 22.1-267, in addition to any penalties provided in § 22.1-263 or §
   22.1-265, the court may order the parent with whom the child is living 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 child and/or the parent. Upon the failure of the
   parent to so participate or cooperate, or to comply with the conditions and
   limitations that the court orders, the court may impose a fine of not more
   than $ 100 for each day in which the person fails to comply with the court
   order.
            

      b.  If the court finds that the parent has willfully disobeyed a lawful
      process, judgment, decree, or court order requiring such person to comply
      with the compulsory school attendance law, in addition to any conditions or
      limitations that the court may order or any penalties provided by §§
      16.1-278.2 through 16.1-278.19, 22.1-263 or § 22.1-265, the court may
      impose the penalty authorized by § 18.2-371.

C. Any order entered pursuant to this section shall be provided in writing to
the child, his parent or legal custodian, and to the child’s attorney and
shall contain adequate notice of the provisions of § 16.1-292 regarding willful
violation of such order.

HISTORY: 1991, c. 534; 1992, cc. 837, 880; 1996, c. 45; 1997, c. 210.