CODE OF VIRGINIA

APPEAL OF FINAL ORDER (§ 16.1-345.6)

A. The minor shall have the right to appeal any final order committing the minor
or ordering the minor to mandatory outpatient treatment to the circuit court in
the jurisdiction where the minor was committed, hospitalized pursuant to the
commitment order, or ordered to mandatory outpatient treatment. Venue shall be
in the circuit court having jurisdiction within the territory of the court that
issued the final order. The circuit court may transfer the case upon a finding
that another forum is more convenient. The appeal shall be heard de novo by the
circuit court in accordance with the provisions set forth in this article. Any
order of the circuit court shall not extend the period of commitment or
mandatory outpatient treatment set forth in the order appealed from.

B. Notice of an appeal shall be filed within 10 days from the date of the order.
The appeal shall be given priority over all other pending matters before the
circuit court and heard as soon as possible, notwithstanding § 19.2-241
regarding the time within which the court shall set criminal cases for trial. A
petition for or the pendency of an appeal shall not suspend any order unless so
ordered by the court, however a minor may be released after a petition for or
during the pendency of an appeal pursuant to subsection B of § 16.1-346. The
clerk of the court from which the appeal is taken shall immediately transmit the
record to the clerk of the appellate court. The clerk of the circuit court shall
provide written notification of the appeal to the person who initiated the
petition under this article in accordance with procedures set forth in §
16.1-112.

C. The juvenile and domestic relations district court shall appoint an attorney
and a guardian ad litem to represent any minor desiring to appeal who is not
already represented.

HISTORY: 2010, cc. 778, 825.