78649216.1-278.8Virginia Decodedhttps://vacode.org2016Courts Not Of RecordJuvenile And Domestic Relations District CourtsDispositionDelinquent juveniles1991, c. 534; 1992, c. 830; 1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 318; 1999, cc. 350, 622; 2000, cc. 954, 978, 981, 988, 1020, 1041; 2004, cc. 325, 462; 2005, c. 810; 2009, cc. 813, 840; 2014, cc. 20, 249.Pannell v. Com.Record No. 0274-00-4540 S.E.2d 5272001-01-30https://www.courtlistener.com/opinion/1315760/pannell-v-com/ . . . and rehabilitation" of the child. Code § 16.1-278.8(A). Among the statutory options, the . . . <abbr title="Court of Appeals">COA</abbr>Salvatierra v. City of Falls Church1233004546 S.E.2d 2142001-05-15https://www.courtlistener.com/opinion/1065100/salvatierra-v-city-of-falls-church/ . . . 215 paroled from the custody of DJJ, (2) Code § 16.1-278.8 bars the commitment of a juvenile absent . . . <abbr title="Court of Appeals">COA</abbr>Rivas v. Com.0655074659 S.E.2d 5242008-04-15https://www.courtlistener.com/opinion/1062817/rivas-v-com/ . . . , the court had authority pursuant to Code §§ 16.1-278.8 and 16.1-291 to impose a suspended . . . <abbr title="Court of Appeals">COA</abbr>Brown v. Com.090161688 S.E.2d 1852010-01-15https://www.courtlistener.com/opinion/1058263/brown-v-com/ . . . limited to, commitment under subdivision 14 of § 16.1-278.8 or § 16.1-285.1. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Moreau v. Fuller062688661 S.E.2d 8412008-06-06https://www.courtlistener.com/opinion/1058476/moreau-v-fuller/ . . . authority in certain situations, see, e.g., Code §§ 16.1-278.8(A)(5); 18.2-61(C); 18.2-67.1(C) and . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Chatman992706538 S.E.2d 3042000-11-03https://www.courtlistener.com/opinion/1059562/com-v-chatman/ . . . supervision, care and rehabilitation." Code § 16.1-278.8. One of those options, which is relevant . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Sg v. Dept. of Social ServicesRecord No. 2020-96-4488 S.E.2d 6531997-08-05https://www.courtlistener.com/opinion/1210725/sg-v-dept-of-social-services/ . . . custody remains with [Social Services], Code § 16.1-278.8(13)(c) places authority for placement . . . <abbr title="Court of Appeals">COA</abbr>Preston v. Com.100596704 S.E.2d 1272011-01-13https://www.courtlistener.com/opinion/1058095/preston-v-com/ . . . act of breaking and entering. See, e.g., Code § 16.1-278.8 (discussing sentencing options for . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Austin v. Com.1311023590 S.E.2d 682003-12-23https://www.courtlistener.com/opinion/1064032/austin-v-com/ . . . probation granted pursuant to § 16.1-278.5 or § 16.1-278.8, or who violates the conditions of his . . . <abbr title="Court of Appeals">COA</abbr>Hughes v. Com.0890014573 S.E.2d 3242002-12-17https://www.courtlistener.com/opinion/1064417/hughes-v-com/ . . . limited to, commitment under subdivision 14 of § 16.1-278.8 or § 16.1-285.1. . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/16.1-278.8/15.2-1812.2Willful and malicious damage to or defacement of public or private facilities; penalty/15.2-1812.2/18.2-121Entering property of another for purpose of damaging it, etc/18.2-121/18.2-127Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty/18.2-127/18.2-128Trespass upon church or school property/18.2-128/18.2-137Injuring, etc., any property, monument, etc/18.2-137/18.2-138Damaging public buildings, etc.; penalty/18.2-138/18.2-146Breaking, injuring, defacing, destroying or preventing the operation of vehicle, aircraft or boat/18.2-146/18.2-147Entering or setting in motion, vehicle, aircraft, boat, locomotive or rolling stock of railroad; exceptions/18.2-147/18.2-268.2Implied consent to post-arrest testing to determine drug or alcohol content of blood/18.2-268.2/18.2-51Shooting, stabbing, etc., with intent to maim, kill, etc/18.2-51/18.2-51.1Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense/18.2-51.1/18.2-52Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire/18.2-52/18.2-53Shooting, etc., in committing or attempting a felony/18.2-53/18.2-55Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees/18.2-55/18.2-56Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty/18.2-56/18.2-57Assault and battery; penalty/18.2-57/18.2-57.2Assault and battery against a family or household member; penalty/18.2-57.2//16.1-278.8/16.1/11/9/16.1-278.816.1-27316.1-27516.1-278.1116.1-278.716.1-278.916.1-28116.1-28416.1-284.116.1-28616.1-29016.1-29116.1-29216.1-293.116.1-29616.1-29916.1-330.117.1-275.718.2-11918.2-266.118.2-64.119.2-303.419.2-33519.2-33646.2-38363.2-90666-1466-17If 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:sectionAA1 Enter an order pursuant to the provisions of § 16.1-278;sectionA1A12 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;sectionA2A22 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;sectionA3A32 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;sectionA6A62 Place the juvenile on probation under such conditions and limitations as the court may prescribe;sectionA7A72 Impose a fine not to exceed $ 500 upon such juvenile;sectionA8A82 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;sectionA10A102 Require the juvenile to participate in a public service project under such conditions as the court prescribes;sectionA11A112 In case of traffic violations, impose only those penalties that 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;sectionA12A122 Transfer legal custody to any of the following:
sectionA13A132 A relative or other individual who, after study, is found by the court to be qualified to receive and care for the juvenile;sectionA13aA13a3 A child welfare agency, private organization or facility that 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; orsectionA13bA13b3 The local board of 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 14 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 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 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;sectionA13cA13c3 Unless waived by an agreement between the attorney for the Commonwealth and the juvenile and his attorney or other legal representative, upon consideration of the results of an investigation completed pursuant to § 16.1-273, commit the juvenile to the Department of Juvenile Justice, but only if he is 11 years of age or older and the current offense is (i) an offense that would be a felony if committed by an adult, (ii) an offense that 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 that would be a felony if committed by an adult, or (iii) an offense that would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been adjudicated delinquent of three or more offenses that would be a Class 1 misdemeanor if committed by an adult, and each such offense was not a part of a common act, transaction or scheme;sectionA14A142 Impose the penalty authorized by § 16.1-284;sectionA15A152 Impose the penalty authorized by § 16.1-284.1;sectionA16A162 Unless waived by an agreement between the attorney for the Commonwealth and the juvenile and his attorney or other legal representative, upon consideration of the results of an investigation completed pursuant to § 16.1-273, impose the penalty authorized by § 16.1-285.1;sectionA17A172 Impose the penalty authorized by § 16.1-278.9; orsectionA18A182 Require the juvenile to participate in a gang-activity prevention program including, but not limited to, programs funded under the Virginia Juvenile Community Crime Control Act pursuant to § 16.1-309.7, if available, when a juvenile has been found delinquent of any of the following violations: § 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or 18.2-147, or any violation of a local ordinance adopted pursuant to § 15.2-1812.2.sectionA19A192If the court finds a juvenile delinquent of any of the following offenses, the court shall require the juvenile to make at least partial restitution or reparation for any property damage, for loss caused by the offense, or for actual medical expenses incurred by the victim as a result of the offense: § 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or 18.2-147; or for any violation of a local ordinance adopted pursuant to § 15.2-1812.2. The court shall further require the juvenile to participate in a community service project under such conditions as the court prescribes.sectionBB1