Juvenile Law and Practice in Virginia

Juvenile Law and Practice in Virginia
Publication Date: 2018
Electronic Forms: 8
Available Formats: Print (1,006 pages, softcover, 1 volume)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 855

Information

Content Highlights:
  • JDR Courts and Circuit Courts
  • The Role of the Lawyer in Juvenile Proceedings
  • Child Psychology and Development
  • Mental Health and Substance Abuse Disorders
  • Pretrial Proceedings
  • Police Investigations
  • Transfer of Juveniles from JDR and Handling Juvenile Cases in Circuit Court
  • Adjudicatory Hearings
  • Disposition Hearings and Alternatives
  • Post-Disposition Proceedings and Appeals
  • Physical and Medical Aspects of Abuse and Neglect
  • Abuse and Neglect Proceedings
  • Foster Care and Termination of Parental Rights
  • Psychiatric Commitment of Minors
  • Basic Educational Law and Use in Juvenile Cases
  • The Children's Services Act
  • Special Immigrant Juvenile Status

“In light of the many significant challenges and responsibilities that are unparalleled in other forums, new and seasoned attorneys must have reliable guidance on the latest law and best practices in Juvenile Court. This book is an important tool because it comprehensively addresses most of the issues on which juvenile court attorneys must have expertise. I regularly refer to it in my practice, even after almost 20 years.” - Julie McConnell, co-editor

Preparation and advocacy can change the trajectory of a child’s life. Juvenile Law and Practice in Virginia addresses all aspects of litigation involving juveniles as parties or the subject of hearings in Virginia’s juvenile courts or circuit courts. It also analyzes factors that can contribute to a child’s behavior including child psychological and developmental issues, the physical and medical effects of child abuse and neglect, and problems with substance abuse. The book is authored by some of Virginia’s most knowledgeable experts in the field and contains sample forms and orders on all aspects of juvenile practice.

This 2018 edition includes new chapters on juvenile commitment hearings and on helping children who are seeking special immigrant juvenile status. Additional important updates covered include:

  • Understanding the impact of Miller v. Alabama and Montgomery v. Louisiana on juvenile sentencing
  • Exploring the role of trauma and adolescent brain development on adolescent behavior
  • A practice advisory for litigating SIJS cases
  • Changes in the civil commitment process

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Table of Contents

CHAPTER LIST (2014 Edition)

1. An Introduction to the Juvenile and Domestic Relations District Court

2. The Role of the Lawyer in Juvenile Proceedings

3. Child Psychology and Development

4. Mental Health and Substance Abuse Disorders

5. Pretrial Proceedings

6. Police Investigations

7. Transfer of Juveniles from the Juvenile Court and Handling Juvenile Cases in the Circuit Court

8. The Adjudicatory Hearing

9. The Disposition Hearing

10. Dispositional Alternatives

11. Post-Disposition Proceedings and Appeals

12. Physical and Medical Aspects of Child Abuse and Neglect

13. Abuse and Neglect Proceedings

14. Foster Care and Termination of Parental Rights

15. Psychiatric Commitment of Minors

16. Basic Educational Law

17. Using Educational Law to Create Better Outcomes in Juvenile Cases

18. The Comprehensive Services Act, Petitions for Services, and Other Proceedings

19. Special Immigrant Juvenile Status


CHAPTER 1: AN INTRODUCTION TO THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT

1.1 HISTORICAL BACKGROUND

1.2 UNITED STATES SUPREME COURT DECISIONS

1.3 ORGANIZATION OF THE JUVENILE CODE

1.4 PHILOSOPHY OF THE JUVENILE JUSTICE SYSTEM

1.5 JURISDICTION
        1.501 Age Jurisdiction
        1.502 Territorial Jurisdiction (Venue)
        1.503 Subject Matter Jurisdiction
        1.504 Duration of Jurisdiction

BIBLIOGRAPHY

ONLINE RESOURCES

APPENDIX 1-1: DC-616 ORDER OF TRANSFER

CHAPTER 2: THE ROLE OF THE LAWYER IN JUVENILE
PROCEEDINGS


2.1 INTRODUCTION

2.2 THE GUARDIAN AD LITEM
        2.201 In General
        2.202 Qualification
        2.203 Appointment
        2.204 Fees and Expenses
        2.205 Virginia Performance Standards and Other
        Descriptions of Duties
        2.206 Duties Enumerated on Order of Appointment
        2.207 Performance Standards for Guardians Ad Litem
        2.208 Ethical Concerns
        2.209 Rule 8:6 of the Rules of the Virginia Supreme Court
        2.210 Juvenile Justice and Guardian Ad Litem Standards.
        2.211 Determining the Best Interests of the Child
        2.212 Interviewing the Child
        2.213 Gathering Information from Professionals
        2.214 Investigating Child’s Family and Home
        2.215 Representing the Child in Court

2.3 COUNSEL FOR THE DEPARTMENT OF SOCIAL SERVICES
        2.301 Introduction
        2.302 Training and Preparing Social Workers
        2.303 Role of Counsel in Court Proceedings
        2.304 Working with the Guardian Ad Litem

2.4 COUNSEL FOR PARENTS OR CUSTODIANS
        2.401 Right to Counsel
        2.402 Duties of Counsel

2.5 COUNSEL IN DELINQUENCY PROCEEDINGS
        2.501 In General
        2.502 Ethical Concerns
        2.503 Rule 8:6 of the Rules of the Virginia Supreme Court
        2.504 Juvenile Justice Standards
        2.505 Examples of Role Confusion
        2.506 Timing of Appointment
        2.507 Fees
        2.508 Duties Before Trial
        2.509 Counsel’s Role in the Detention Decision
        2.510 Transfer or Certification as an Adult
        2.511 The Adjudicatory Hearing
        2.512 The Disposition Hearing
        2.513 Post-Dispositional Review Hearing
   
2.6 COUNSEL IN CHILDREN IN NEED OF SERVICES,
CHILDREN IN NEED OF SUPERVISION, AND STATUS
OFFENSE CASES

2.7 THE COMMONWEALTH’S ATTORNEY
        2.701 Introduction
        2.702 Legal Advisor
        2.703 Pretrial Role
        2.704 Adjudicatory Role
        2.705 The Dispositional Hearing
        2.706 Post-Dispositional Proceedings

APPENDIX 2-1: DC-514 ORDER FOR APPOINTMENT OF
GUARDIAN AD LITEM

APPENDIX 2-2: STANDARDS TO GOVERN THE PERFORMANCE
OF GUARDIANS AD LITEM FOR CHILDREN

APPENDIX 2-3: DC-40 LIST OF ALLOWANCES

APPENDIX 2-4: DC-510 SUMMONS

APPENDIX 2-5: DC-513 ADVISEMENT AND REQUEST FOR
APPOINTMENT OF COUNSEL

APPENDIX 2-6: DC-515 WAIVER OF RIGHT TO BE
REPRESENTED BY A LAWYER (JUVENILE)

APPENDIX 2-7: LETTER TO CLIENT’S PARENT OR PARENTS
WHEN CLIENT IS DETAINED

APPENDIX 2-8: LETTER TO CLIENT’S PARENT OR PARENTS
WHEN CLIENT IS FREE

APPENDIX 2-9: INITIAL CLIENT INTERVIEW FORM

APPENDIX 2-10: INITIAL PARENT INTERVIEW FORM

APPENDIX 2-11: MEDICAL RECORDS RELEASE

APPENDIX 2-12: REQUEST AND AUTHORIZATION FOR
EDUCATIONAL RECORDS

APPENDIX 2-13: DC-545 PRELIMINARY CHILD PROTECTIVE
ORDER

APPENDIX 2-14: DC-546 CHILD PROTECTIVE ORDER

APPENDIX 2-15: LIST OF AVAILABLE SERIES 500 FILLABLE
FORMS

CHAPTER 3: CHILD PSYCHOLOGY AND DEVELOPMENT

3.1 INTRODUCTION

3.2 CHILD DEVELOPMENT
        3.201 General Stages of Childhood
        3.202 Infancy
        3.203 Preschool or Early Childhood
        3.204 Middle Childhood
        3.205 Preadolescence or Late Childhood
   
3.3 PUBERTY

3.4 ADOLESCENCE

3.5 COGNITIVE DEVELOPMENT

3.6 MORAL DEVELOPMENT

3.7 BRAIN DEVELOPMENT DURING ADOLESCENCE

3.8 SPECIAL LEGAL ISSUES WITH DELINQUENT YOUTH
        3.801 In General
        3.802 Competency to Stand Trial
        3.803 Culpability
        3.804 Malleability or Amenability to Treatment

3.9 CONCLUSION

BIBLIOGRAPHY

CHAPTER 4: MENTAL HEALTH AND SUBSTANCE ABUSE
DISORDERS


4.1 INTRODUCTION

4.2 NEURODEVELOPMENTAL DISORDERS
        4.201 Attention-Deficit Hyperactivity Disorder
        4.202 Autism Spectrum Disorders

4.3 DISRUPTIVE BEHAVIOR DISORDERS
        4.301 Oppositional Defiant Disorder
        4.302 Conduct Disorder
   
4.4 MOOD DISORDERS
        4.401 Depressive Disorders
        4.402 Bipolar Disorder

4.5 ANXIETY DISORDERS
        4.501 Generalized Anxiety Disorder
        4.502 Specific Phobias
        4.503 Panic Disorder

4.6 OBSESSIVE-COMPULSIVE DISORDER

4.7 TRAUMA AND STRESS-RELATED DISORDERS
        4.701 Adjustment Disorder
        4.702 Posttraumatic Stress Disorder
   
4.8 EFFECTS OF NEURODEVELOPMENTAL, MOOD,
ANXIETY, STRESS-RELATED, AND DISRUPTIVE
BEHAVIOR DISORDERS

4.9 EATING DISORDERS
        4.901 Anorexia Nervosa
        4.902 Bulimia Nervosa

4.10 REACTIVE ATTACHMENT DISORDER

4.11 SUBSTANCE USE DISORDERS
        4.1101 The Continuum of Substance Use
        4.1102 Common Drugs of Abuse During Adolescence
        4.1103 Polysubstance Abuse
        4.1104 Co-occurring Substance Use and Mental Health
        Disorders

4.12 ABUSED AND NEGLECTED CHILDREN
        4.1201 Incidence and Prevalence of Child Maltreatment
        4.1202 Child Maltreatment, PTSD, and Complex Trauma
        4.1203 Child Maltreatment and Mental Health
        4.1204 Child Maltreatment and Substance Abuse
        4.1205 Child Maltreatment and Juvenile Delinquency
   
4.13 SPECIAL LEGAL ISSUES WITH DELINQUENT YOUTHS
        4.1301 In General
        4.1302 Competency to Stand Trial
        4.1303 Culpability
        4.1304 Amenability to Treatment
   
4.14 CONCLUSION

CHAPTER 5: PRETRIAL PROCEEDINGS

5.1 INTAKE AND DIVERSION
        5.101 Introduction
        5.102 Initiation of Case by Petition or Otherwise
        5.103 Diversion of Case Alleging That Child Is Abused or
        Neglected, in Need of Supervision, in Need of
        Services, or Delinquent
        5.104 Prerequisites to Filing Petition Alleging That
        Child Is in Need of Supervision
        5.105 Appeal of Intake Officer’s Refusal to Authorize
        Petition Alleging Class 1 Misdemeanor or Felony
        5.106 Child’s Statements Made at Intake Not Admissible
        5.107 Commonwealth’s Attorney’s Role in Intake
        5.108 Child’s Attorney’s Role

5.2 DETENTION AND SHELTER CARE
        5.201 General Information and Practices
        5.202 Criteria for Detention
        5.203 Place of Confinement
        5.204 Procedure for Detention Hearing
        5.205 Attorney’s Role in Detention Decision
        5.206 Time Limitations
        5.207 Mental Health Screening and Assessment
   
5.3 DISCOVERY
        5.301 Introduction
        5.302 General Information
        5.303 Time of Motion
        5.304 Time, Place, and Manner of Discovery and Inspection
        5.305 Failure to Comply
   
5.4 MOTION PRACTICE
        5.401 Introduction
        5.402 Motion to Suppress
        5.403 Motion in Limine
        5.404 Motion for Severance
        5.405 Motion for Speedy Trial
        5.406 Motion Concerning Petition and Summons
        5.407 Motion for Change of Venue
        5.408 Motion for Continuance
        5.409 Motion for Appointed Expert or Investigator
        5.410 Motion to Dismiss for Double Jeopardy
        5.411 Motion to Recuse Judge
        5.412 Motion for Physical or Mental Examination
        5.413 Motion for Competency Evaluation
   
5.5 ARRAIGNMENT

APPENDIX 5-1: DC-511 PETITION

APPENDIX 5-2: DETENTION ASSESSMENT INSTRUMENT A

APPENDIX 5-3: DETENTION ASSESSMENT INSTRUMENT B

APPENDIX 5-4: DC-529 DETENTION ORDER

APPENDIX 5-5: DC-530 SHELTER CARE ORDER

APPENDIX 5-6: DC-538 PLACEMENT ORDER

APPENDIX 5-7: DC-539 RELEASE ORDER

CHAPTER 6: POLICE INVESTIGATIONS

6.1 INTRODUCTION

6.2 ARREST
        6.201 General Principles
        6.202 When Child May Be Taken into Immediate Custody
        6.203 Duties of Person Taking Child into Custody
        6.204 Counsel’s Role in Ensuring Enforcement of Arrest
        and Detention Statutes
        6.205 Remedy for Violation of Arrest and Detention Statutes
   
6.3 INTERROGATION OF JUVENILES; CONFESSIONS
        6.301 In General
        6.302 Voluntariness
        6.303 Miranda Issues
        6.304 Violations of Statutes and Rules
        6.305 Attorney’s Role

6.4 SEARCH AND SEIZURE ISSUES
        6.401 General Principles
        6.402 Stops Unique to Children
        6.403 Search and Seizure Issues
   
6.5 IDENTIFICATION ISSUES INVOLVING JUVENILE
DEFENDANTS
        6.501 In General
        6.502 Lineups
        6.503 Fingerprints
        6.504 Photographs
        6.505 DNA Samples
        6.506 Attorney’s Role
        6.507 Preparing for Motions to Suppress
   
6.6 THE COMMONWEALTH’S ATTORNEY
        6.601 Consultation Between Police and Commonwealth’s
        Attorney
        6.602 Juveniles as Victims
   
CHAPTER 7: TRANSFER OF JUVENILES FROM THE JUVENILE
COURT AND HANDLING JUVENILE CASES IN THE
CIRCUIT COURT


7.1 PURPOSE OF TRANSFER OF JURISDICTION

7.2 JURISDICTION OF THE JUVENILE COURT OVER
DELINQUENCY
        7.201 Exclusive Original Jurisdiction
        7.202 Effect of Previous Transfer
   
7.3 PHILOSOPHY OF THE JUVENILE CODE

7.4 WAIVER OF JUVENILE COURT JURISDICTION BY
JUVENILE
        7.401 Requirements for Valid Waiver
        7.402 Decision to Waive
   
7.5 CERTIFICATION OR TRANSFER TO THE CIRCUIT COURT
FOR TRIAL AS AN ADULT
        7.501 Age of the Juvenile
        7.502 Grade or Nature of the Offense
        7.503 Certification or Transfer Must Be Initiated by Notice
        or Motion of the Commonwealth’s Attorney
        7.504 Defense Counsel’s Role in Influencing the Decision of
        the Prosecutor
        7.505 Procedural Requirements for Certification or Transfer
        to the Circuit Court
   
7.6 ROLE OF COUNSEL IN THE TRANSFER PROCESS
        7.601 Ethical Considerations
        7.602 Relationship with Court Staff
        7.603 School and Medical Records
        7.604 Review of Court Files
        7.605 Lay Witnesses
        7.606 Expert Witnesses
        7.607 Virginia Department of Juvenile Justice
   
7.7 THE TRANSFER REPORT
        7.701 Contents of the Report
        7.702 Transfer Report Must Be in Writing
        7.703 Filing and Access
   
7.8 CHILD’S TESTIMONY AT TRANSFER HEARING

7.9 EFFECT OF PROCEDURAL IRREGULARITIES

7.10 CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS
PURSUANT TO SECTION 16.1-269.1(B) AND (C)
        7.1001 Preparation for Certification Hearings
        7.1002 Certification Pursuant to Section 16.1-269.1(B)
        7.1003 Certification Pursuant to Section 16.1-269.1(C)
        7.1004 Judicial Rulings Against Certification
   
7.11 NECESSARY COURT FINDINGS FOR TRANSFER UNDER
SECTION 16.1-269.1(A)
        7.1101 Probable Cause
        7.1102 Age
        7.1103 Juvenile Is Not a Proper Person to Remain Within the
        Jurisdiction of the Juvenile Court
        7.1104 Competency to Stand Trial, Mental Illness, and
        Intellectual Disability
   
7.12 COURT CONCLUSIONS

7.13 REVIEW OF DECISION ON TRANSFER OR
CERTIFICATION
        7.1301 Commonwealth’s Attorney’s Options on Juvenile
        Court’s Refusal to Certify
        7.1302 Commonwealth’s Attorney’s Right to Review of
        Juvenile Court Decision to Retain Jurisdiction After
        Transfer Hearing
        7.1303 Defense Methods for Review of Decision to Transfer
        7.1304 Procedure for Review
        7.1305 Appeal from Circuit Court to Court of Appeals
   
7.14 BAIL OR DETENTION PENDING CIRCUIT COURT
HEARING
        7.1401 Bail
        7.1402 Detention Versus Jail
        7.1403 Speedy Trial Requirements
   
7.15 TRIAL IN JUVENILE COURT IF JURISDICTION IS
RETAINED
        7.1501 Judge
        7.1502 Time Limitations
   
7.16 TRIAL IN THE CIRCUIT COURT AS AN ADULT
        7.1601 Strategies for Representing the Juvenile in Adult
        Criminal Proceedings
        7.1602 Procedure for Determining Guilt or Innocence
        7.1603 Admissibility of Evidence
        7.1604 Sentencing
        7.1605 Capital Cases and Life-Without-Parole Sentences
        7.1606 Juvenile Dispositions
        7.1607 Adult Sentencing
        7.1608 Circuit Court Sentencing in Violent Juvenile Felony
        Cases
        7.1609 Serious Offender Review Hearings and Section 19.2-
        303
   
7.17 SEX OFFENDER REGISTRATION

7.18 APPEAL

APPENDIX 7-1: DC-517 WAIVER OF JURISDICTION

APPENDIX 7-2: DC-519 NOTICE OF TRANSFER HEARING

APPENDIX 7-3: SAMPLE TRANSFER REPORT

APPENDIX 7-4: DC-518 TRANSFER/RETENTION ORDER

APPENDIX 7-5: DC-575 JUVENILE CASE APPEAL/TRANSFER
TRANSMITTAL

CHAPTER 8: THE ADJUDICATORY HEARING

8.1 INTRODUCTION

8.2 PETITION AND NOTICE OF CHARGES
        8.201 The Petition or Initial Pleading
        8.202 Summons
        8.203 Service of Summons
        8.204 Parental Notice
        8.205 Prisoner as Party or Witness
   
8.3 SUBPOENAS

8.4 PROCEDURE IN CRIMINAL CASES INVOLVING ADULT
DEFENDANTS

8.5 PHYSICAL AND MENTAL EXAMINATIONS AND
COMPETENCE
        8.501 Physical and Mental Examinations
        8.502 Temporary Placement with Department of Juvenile
        Justice
        8.503 Mental Competency
        8.504 Physical Competency to Commit Sex Offenses
        8.505 Admission of School Records to Determine Intent
   
8.6 ADVICE OF TRIAL RIGHTS FOR JUVENILES CHARGED
WITH DELINQUENCY

8.7 BURDEN OF PROOF AND EVIDENTIARY RULES
        8.701 Burdens of Proof
        8.702 Evidentiary Rules

8.8 PROCEDURES

8.9 ADMISSIONS AND GUILTY PLEAS
        8.901 Possible Pleas and Inquiry into Guilty Plea
        8.902 Plea Bargaining, Cooperation/Immunity Agreements,
        and the Decision to Plead Guilty

8.10 PLEA OF INFANCY

8.11 CONTEMPT OF COURT

8.12 JURY TRIAL

8.13 RIGHT TO PUBLIC TRIAL AND PRESENCE OF CHILD
        8.1301 Right to a Public Trial in Delinquency Proceedings
        8.1302 Right to Public Trial in Criminal Proceedings
        8.1303 Right to Be Present
        8.1304 Protecting Confidentiality of Closed Proceedings
        8.1305 Court Reporters and Transcripts
        8.1306 Right of Victims to Be Present at Trial
   
8.14 DOUBLE JEOPARDY

APPENDIX 8-1: DC-512 NOTICE OF HEARING

CHAPTER 9: THE DISPOSITION HEARING

9.1 PHILOSOPHY OF DISPOSITION

9.2 VENUE FOR DISPOSITION

9.3 COURT SERVICES UNIT PROCEDURES FOLLOWING
THE ADJUDICATORY HEARING
        9.301 Case Assignments
        9.302 Juvenile Under Court-Ordered Supervision
   
9.4 INFORMATION NECESSARY TO MAKE AN EFFECTIVE
DISPOSITION
        9.401 Social History
        9.402 Court-Ordered Evaluations
        9.403 Diagnostic Assessment by Department of Juvenile
        Justice
        9.404 Child Development Clinic Evaluation
        9.405 Substance Abuse Evaluation

9.5 PLACEMENT OF CHILD PENDING DISPOSITION

9.6 THE DEFENSE COUNSEL AT DISPOSITION
        9.601 Role of Counsel
        9.602 Preparing for the Dispositional Hearing
        9.603 Nature of the Hearing
        9.604 Social History Report Can and Should Incorporate
        Counsel’s Input
        9.605 Person Who Prepares Report Should Be Present at
        Hearing
        9.606 Relationship Between Defense Counsel and Probation
        Staff
        9.607 Counsel Should Learn About Dispositional Options
        and Procedures
        9.608 Reviewing the Social History
        9.609 Interagency Multidisciplinary Teams
        9.610 Resource Directory

9.7 ROLE OF THE PROSECUTOR IN DISPOSITION

9.8 DISPOSITIONAL HEARINGS

9.9 OTHER DISPOSITIONAL CONSIDERATIONS
        9.901 Children’s Services Act
        9.902 Location and Development of Services and Programs
        9.903 Mandated Insurance Coverage
        9.904 Culturally Effective Services

APPENDIX 9-1: DC-542 ORDER FOR INVESTIGATION AND
REPORT

APPENDIX 9-2: SAMPLE SOCIAL HISTORY/CANS REPORT

APPENDIX 9-3: DC-543 CONFIDENTIALITY NOTICE

APPENDIX 9-4: SAMPLE EVALUATION SUMMARY

APPENDIX 9-5: EXAMPLE OF PSYCHOLOGICAL EVALUATION

APPENDIX 9-6: SAMPLE SUBSTANCE ABUSE EVALUATION

APPENDIX 9-7: DC-569 ADJUDICATION AND DISPOSITION
ORDER—DELINQUENCY

APPENDIX 9-8: DEPARTMENT OF JUVENILE JUSTICE YOUTH
ASSESSMENT SCREENING INSTRUMENT

APPENDIX 9-9: CULPEPER COUNTY FAMILY ASSESSMENT
AND PLANNING TEAM-IFSP PROGRESS
REPORT/UTILIZATION REVIEW

CHAPTER 10: DISPOSITIONAL ALTERNATIVES

10.1 DELINQUENCY

10.2 CHILDREN IN NEED OF SERVICES

10.3 CHILDREN IN NEED OF SUPERVISION

10.4 STATUS OFFENDERS

10.5 “ABUSE AND LOSE” PROVISIONS
        10.501 In General
        10.502 Underlying Offenses or Conduct
        10.503 Mandatory Loss of Driving Privileges
        10.504 Report to DMV
        10.505 Issuance of Restricted License
        10.506 Withdrawal of License Denial Order
        10.507 Deferral
        10.508 Other Statutory License Suspensions
   
10.6 ADDITIONAL CONSIDERATIONS
        10.601 Duration of Commitments
        10.602 Department of Juvenile Justice Length-of-Stay
        Guidelines
        10.603 Cost of Private Placements
        10.604 Protection of Religious Affiliations
   
10.7 DELINQUENCY DISPOSITIONAL ALTERNATIVES—
PROGRAM EXAMPLES
        10.701 Diversion
        10.702 Remaining at Home
        10.703 Parent Participation
        10.704 Deferral of Disposition
        10.705 Probation
        10.706 Drug Court/Behavioral Health Court Dockets
        10.707 Fines
        10.708 Driver’s License Suspension
        10.709 Out-of-Home Placement
        10.710 Post-Dispositional Detention
        10.711 Commitment to State Juvenile Correctional Facility
        10.712 Serious or Habitual Offender Programs
        10.713 Third Party Compliance Orders
        10.714 Parental Responsibility
        10.715 Aftercare or Parole

10.8 CHILD IN NEED OF SERVICES OR SUPERVISION
DISPOSITIONS

10.9 THE ROLE OF THE COURT AND COUNSEL IN THE
CHILDREN’S SERVICES ACT

APPENDIX 10-1: DC-572 JUVENILE COMMITMENT ORDER

APPENDIX 10-2: DC-568 JUVENILE COMMITMENT REVIEW
HEARING ORDER

APPENDIX 10-3: DC-576 DRIVER’S LICENSE DENIAL ORDER

APPENDIX 10-4: DC-577 DRIVER’S LICENSE SUSPENSION
ORDER AND ENTRY INTO SERVICES PROGRAM
(JUVENILE)

APPENDIX 10-5: DC-578 RESTRICTED DRIVER’S LICENSE

APPENDIX 10-6: DC-570 JUVENILE COURT ORDER

APPENDIX 10-7: TABLE OF OFFENSES AND DRIVER’S LICENSE
SUSPENSIONS BY STATUTE

CHAPTER 11: POST-DISPOSITION PROCEEDINGS AND
APPEALS


11.1 COURT REVIEW OF THE DISPOSITION ORDER

11.2 MOTIONS TO RECONSIDER PARTICIPATION IN
PROGRAMS

11.3 SERIOUS OFFENDER REVIEW HEARING

11.4 REENTRY AND TRANSITION PLANNING

11.5 PROCEEDINGS TO REVOKE OR MODIFY ORDERS OF
PROBATION, PROTECTIVE SUPERVISION, OR PAROLE

11.6 CONTEMPT FOR VIOLATION OF COURT ORDER

11.7 APPEALS
        11.701 Juvenile Appeals
        11.702 Termination of Parental Rights
   
11.8 HABEAS CORPUS AND COLLATERAL REVIEW

11.9 LITIGATION CONCERNING CONDITIONS OF
CONFINEMENT
        11.901 Introduction
        11.902 Classification and Separation
        11.903 Health Care
        11.904 Access to Counsel
        11.905 Programs
        11.906 Training and Supervision of Employees
        11.907 Environmental Issues
        11.908 Restraints, Punishments, and Due Process
        11.909 Safety
        11.910 Conclusion
   
11.10 THE RIGHT TO TREATMENT

APPENDIX 11-1: DC-630 MOTION TO AMEND OR REVIEW
ORDER

APPENDIX 11-2: DC-511 PETITION

APPENDIX 11-3: PETITION PURSUANT TO SECTION 16.1-
285.1(F)

APPENDIX 11-4: SERIOUS OFFENDER PROGRESS REPORT

APPENDIX 11-5: DC-580-NOTICE OF APPEAL

CHAPTER 12: PHYSICAL AND MEDICAL ASPECTS OF CHILD
ABUSE AND NEGLECT


12.1 INTRODUCTION

12.2 STATISTICAL SUMMARY OF CHILD ABUSE AND
NEGLECT

12.3 RECOGNITION OF CHILD PHYSICAL ABUSE
        12.301 Soft Tissue Injuries
        12.302 Burns
        12.303 Orthopedic Injuries
        12.304 Abdominal Injuries
        12.305 Head Injuries

12.4 MEDICAL CHILD ABUSE

12.5 CHILD NEGLECT AND FAILURE TO THRIVE

12.6 CHILD SEXUAL ABUSE
        12.601 Introduction
        12.602 Epidemiology
        12.603 Sex Trafficking
        12.604 Disclosure of Abuse
        12.605 Family’s Reaction to Disclosure
        12.606 Model for Sexual Abuse Evaluation
        12.607 Potential for Fabrication

12.7 PHYSICAL EXAM FOR CHILD SEXUAL ABUSE
        12.701 Generally
        12.702 Anogenital Exams
        12.703 Alternative Diagnoses
        12.704 Systematic Identification of Injuries
   
APPENDIX 12-1: ABUSE PHOTOGRAPHS

APPENDIX 12-2: DIAGRAM OF FEMALE GENITALIA

APPENDIX 12-3: DIAGRAM OF MALE GENITALIA

APPENDIX 12-4: DIAGRAM OF ANAL ANATOMY

CHAPTER 13: ABUSE AND NEGLECT PROCEEDINGS

13.1 DEFINITION OF ABUSE AND NEGLECT

13.2 STATUTORY FRAMEWORK FOR INVESTIGATING ABUSE
AND NEGLECT
        13.201 Mandatory Reporting
        13.202 Immunity for Good-Faith Reporting
        13.203 Statutory Penalties
        13.204 Family Assessment or Investigation by Local Child
        Protective Services
        13.205 Challenging an Administrative Determination That
        Report of Child Abuse and Neglect is “Founded”
        13.206 Authority to Take Children into Custody

13.3 COURT PROCEEDINGS RELATING TO ABUSE AND
NEGLECT
        13.301 In General
        13.302 Emergency Removal Order
        13.303 Preliminary Removal Hearing and Order
        13.304 Adjudication at the Preliminary Removal Hearing;
        Scheduling the Disposition Hearing
        13.305 Preliminary Protective Order
        13.306 Adjudication at the Preliminary Protective Order
        Hearing; Scheduling the Disposition Hearing
        13.307 Dispositional Hearing
        13.308 Appeals
        13.309 Determining Where the Child Will Reside
        13.310 Evidentiary Issues
        13.311 Obtaining Protection for a Child Through Other Kinds
        of Proceedings
   
APPENDIX 13-1: DC-620 UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT AFFIDAVIT

APPENDIX 13-2: DC-526 EMERGENCY REMOVAL ORDER

APPENDIX 13-3: DC-544 ORDER FOR COURT-APPOINTED
SPECIAL ADVOCATE

APPENDIX 13-4: DC-536 TRIAL WITHOUT A LAWYER

APPENDIX 13-5: DC-528 PRELIMINARY REMOVAL ORDER

APPENDIX 13-6: DC-561 ADJUDICATORY ORDER FOR ABUSE
OR NEGLECT CASES

APPENDIX 13-7: DC-527 PRELIMINARY CHILD PROTECTIVE
ORDER— ABUSE AND NEGLECT

APPENDIX 13-8: DC-532 CHILD PROTECTIVE ORDER—ABUSE
AND NEGLECT

APPENDIX 13-9: DC-553 DISPOSITIONAL ORDER FOR
UNDERLYING PETITION, FOSTER CARE PLAN

APPENDIX 13-10: DC-559(A-C) SUPPLEMENT TO ORDER
TRANSFERRING CUSTODY

CHAPTER 14: FOSTER CARE AND TERMINATION OF
PARENTAL RIGHTS


14.1 FOSTER CARE
        14.101 How Children Come into Foster Care
        14.102 The Foster Care Plan
        14.103 Court Review of the Foster Care Plan
        14.104 Requirement for Permanency Planning
        14.105 Requirement for Review of Foster Care Plan
        14.106 Adoption Progress Reports

14.2 TERMINATION OF RESIDUAL PARENTAL RIGHTS
        14.201 In General
        14.202 No Reasonable Likelihood of Rehabilitation in
        Cases of Serious Child Abuse and Neglect
        14.203 Failure of Parents to Communicate with Child or
        Change Conditions That Resulted in Removal
        14.204 Abandonment
        14.205 Prior Termination of Parental Rights or Intra-family
        Criminal Conduct by Parent
        14.206 Child’s Objection to Termination of Parental Rights
        14.207 Foster Care Plan with Goal of Termination of
        Parental Rights Required
        14.208 Authority to File Petition Requesting Termination
        14.209 Review of Foster Care Plan Combined with
        Termination Hearing
        14.210 Consideration of Availability of Adoptive Home
        14.211 Key Issues in Litigating Termination of Residual
        Parental Rights Cases
        14.212 Order for Involuntary Termination of Residual
        Parental Rights; Appeal
        14.213 Restoration of Parental Rights
        14.214 Table of Appellate Cases
   
14.3 PERMANENT FOSTER CARE
        14.301 Agency Authority for Placement
        14.302 Rights of Foster Parents and Child
        14.303 Fostering Futures Program

14.4 INTERSTATE COMPACT ON THE PLACEMENT OF
CHILDREN (ICPC)
        14.401 Background and Purpose
        14.402 Resources
        14.403 Attorney Issues
   
14.5 CHILDREN’S SERVICES ACT
        14.501 Background and Importance
        14.502 Structure
        14.503 Eligibility for Services
        14.504 Power of the Court
   
APPENDIX 14-1: DC-534 ORDER FOR VOLUNTARY
TERMINATION OF RESIDUAL PARENTAL RIGHTS

APPENDIX 14-2: DC-562 ORDER FOR CUSTODY TRANSFER
TO AGENCY

APPENDIX 14-3: DC-554 PETITION FOR FOSTER CARE
REVIEW HEARING

APPENDIX 14-4: DC-555 FOSTER CARE REVIEW ORDER

APPENDIX 14-5: DC-556 PETITION FOR PERMANENCY
PLANNING HEARING

APPENDIX 14-6: DC-557 PERMANENCY PLANNING ORDER

APPENDIX 14-7: ADOPTION PROGRESS REPORT

APPENDIX 14-8: DC-535 NOTICE OF TERMINATION OF
RESIDUAL PARENTAL RIGHTS

APPENDIX 14-9: DC-531 ORDER FOR INVOLUNTARY
TERMINATION OF RESIDUAL PARENTAL RIGHTS

APPENDIX 14-10: DC-564 PETITION FOR RESTORATION OF
PARENTAL RIGHTS

APPENDIX 14-11: DC-566 PARENTAL PLACEMENT ORDER
FOR RESTORATION OF PARENTAL RIGHTS

APPENDIX 14-12: DC-558 PERMANENT FOSTER CARE
PLACEMENT ORDER

APPENDIX 14-13: DC-595 PETITION FOR APPROVAL OF
VOLUNTARY CONTINUING SERVICES AND SUPPORT
AGREEMENT

APPENDIX 14-14: DC-596 ORDER APPROVING VOLUNTARY
CONTINUING SERVICES AND SUPPORT AGREEMENT

CHAPTER 15: PSYCHIATRIC COMMITMENT OF MINORS

15.1 INTRODUCTION

15.2 THE PSYCHIATRIC TREATMENT OF MINORS ACT
        15.201 Jurisdiction and Definitions
        15.202 Parental Admission of Minors Younger Than 14 and
        Nonobjecting Minors 14 Years of Age or Older
        15.203 Parental Admission of Objecting Minors 14 Years of
        Age or Older
        15.204 Issuance and Execution of Emergency Custody Orders
        15.205 Involuntary Temporary Detention
        15.206 Involuntary Civil Commitment
        15.207 Mandatory Outpatient Treatment
        15.208 Appeal of Commitment Order

15.3 A PRACTICAL ROADMAP
        15.301 Participants in the Commitment Process
        15.302 Process from Emergency Custody Order to Temporary
        Detention Order
        15.303 Process from Temporary Detention Order to
        Commitment

15.4 PREPARATION FOR THE COMMITMENT HEARING
        15.401 General Preparation
        15.402 Case Preparation—Obtaining Records
        15.403 Case Preparation—Conducting Interviews
        15.404 Case Preparation—Pre-Hearing Analysis
        15.405 Additional Strategic Considerations

APPENDIX 15-1: ATTORNEY CHECKLIST FOR COMMITMENT
HEARINGS

APPENDIX 15-2: JUVENILE CIVIL COMMITMENT
PROCEEDINGS DISTRICT COURT FORMS

APPENDIX 15-3: SUMMARY OF PSYCHIATRIC COMMITMENT
OF MINORS

CHAPTER 16: BASIC EDUCATIONAL LAW

16.1 INTRODUCTION

16.2 ACCESSING STUDENTS’ EDUCATIONAL RECORDS

16.3 STANDARDS OF LEARNING AND EVERY STUDENT
SUCCEEDS ACT
        16.301 In General
        16.302 The Standards of Learning (SOLs) and the SOL
        Tests Generally
        16.303 The Every Student Succeeds Act

16.4 ENROLLMENT
        16.401 In General
        16.402 General Enrollment Principles
        16.403 Students Living with Non-Parent Relatives
        16.404 Enrollment of Homeless Students: McKinney-Vento
        Rights
        16.405 Enrollment and Immigrant Students
        16.406 Enrollment of Youth in Foster Care
        16.407 Enrollment and Incarcerated Youth

16.5 STUDENT DISCIPLINE
        16.501 Introduction
        16.502 Bullying
        16.503 Sufficient Cause
        16.504 Short-Term Versus Long-Term Suspensions
        16.505 Expulsion
        16.506 Readmission After Expulsion
        16.507 Exclusion (Students Expelled or Suspended from
        Outside the School District)
        16.508 Zero Tolerance
        16.509 Special Circumstances for Mitigation Purposes
        16.510 Drug Offenses and “Firearms.”
        16.511 Other Weapons
        16.512 Alternative Schools and Programs
        16.513 Punishment of Off-Grounds Conduct
        16.514 Allegations of Gang Activity and the First Amendment
        16.515 Corporal Punishment Prohibited; Reasonable Force
        Permitted
        16.516 Investigation by School and Law Enforcement
        Officials
        16.517 Procedural Due Process
        16.518 Contents of Written Notice
        16.519 Timelines for Notice, Hearings, and Appeals
        16.520 Requesting Discipline Records
        16.521 Client Testimony and Fifth Amendment Rights
        16.522 Judicial Review of a School Board Action
        16.523 Juvenile Courts and Schools

16.6 BASIC SPECIAL EDUCATION LAW
        16.601 Eligibility for Special Education and Related Services
        16.602 Parental Rights and the Definition of “Parent.”
        16.603 Free Appropriate Public Education (FAPE)
        16.604 From “Child Find” to Eligibility
        16.605 The Individualized Education Program (IEP)
        and IEP Team
        16.606 The Role of Parental Consent
        16.607 Placement
        16.608 Disputes
   
16.7 DISCIPLINE OF STUDENTS WITH DISABILITIES
        16.701 In General
        16.702 Disciplinary Changes in Placement
        16.703 Manifestation Determination Review (MDR)
        16.704 Services During Removal
        16.705 Weapons, Drugs, Serious Bodily Injuries
        16.706 Disciplining Students Not Yet Found Eligible for
        Special Education
        16.707 Dispute Resolution/Challenging the MDR Decision
   
16.8 SECTION 504 OF THE REHABILITATION ACT

CHAPTER 17: USING EDUCATIONAL LAW TO CREATE BETTER
OUTCOMES IN JUVENILE CASES


17.1 INTRODUCTION

17.2 COMMUNICATION BETWEEN SCHOOL AND COURT

17.3 INTAKE, DETENTION, AND OTHER PRELIMINARY
MATTERS
        17.301 Introduction
        17.302 Jurisdiction
        17.303 Understanding a Child’s School Status at Intake
        17.304 Education Services When Child Is Detained
        17.305 Education Factors in Competency Determination

17.4 ADJUDICATION
        17.401 Preliminary (Pre-Adjudication) Matters
        17.402 Trial
        17.403 Probation Violations for Failure to Attend School
   
17.5 DISPOSITIONAL ALTERNATIVES
        17.501 General Considerations
        17.502 Formulating a Disposition Plan
        17.503 Evidence in the Disposition Hearing
        17.504 Follow-Up When the Court Orders Participation in
        Educational Programming for the Child
   
17.6 REENTRY INTO EDUCATIONAL PROGRAMS

17.7 ATTENDANCE AND TRUANCY
        17.701 Introduction
        17.702 Compulsory Attendance Requirements
        17.703 Truancy and the CHINSup Petition
        17.704 Diversion
        17.705 Adjudication
        17.706 Disposition
        17.707 Violation of Court Order to Go to School (Pre- or Post-
        Disposition)
        17.708 Dispositional Alternatives
   
17.8 EDUCATIONAL RIGHTS OF YOUTH IN FOSTER CARE OR
KINSHIP CARE
        17.801 Children in Foster Care
        17.802 Students Living with Non-Parent Relatives
   
17.9 ORDERING EDUCATIONAL SERVICES

CHAPTER 18: THE CHILDREN’S SERVICES ACT, PETITIONS
FOR SERVICES, AND OTHER PROCEEDINGS


18.1 THE CHILDREN’S SERVICES ACT
        18.101 Background and Importance
        18.102 Structure
        18.103 Eligibility for Services
        18.104 Attorney’s Role in Obtaining Services
        18.105 Court’s Authority to Order Services Contrary to
        FAPT and CPMT Recommendation
   
18.2 JUDICIAL PROCEEDINGS TO ORDER SERVICES
        18.201 History of Section 16.1-278 of the Virginia Code
        18.202 Jurisdiction and Scope
        18.203 Examples of Proceedings to Order Services

18.3 ORDERING MEDICAL TREATMENT
        18.301 Emergency Medical Treatment
        18.302 Authorization of Abortion Without Parental Consent
        18.303 Other Medical Treatment or Examination
        18.304 Role of Guardian Ad Litem

18.4 EMANCIPATION
        18.401 Statutory Proceedings
        18.402 Effects of Order
        18.403 Common Law Emancipation
   
18.5 CONFIDENTIALITY OF JUVENILE RECORDS AND
PROCEEDINGS
        18.501 In General
        18.502 Police Records
        18.503 Juvenile Court and Related Records
        18.504 Confidentiality of Proceedings
        18.505 Confidentiality of Department of Juvenile Justice
        Records
        18.506 Effects of Juvenile Adjudication
        18.507 Expungement
        18.508 Reports to School Authorities
        18.509 DNA Testing
        18.510 Criminal Street Gang Reporting
        18.511 Sex Offender Registration

18.6 STANDBY GUARDIANSHIP

APPENDIX 18-1: DC-550 PETITION REQUESTING
AUTHORIZATION FOR MEDICAL TREATMENT OF
JUVENILE

APPENDIX 18-2: DC-551 ORDER AUTHORIZING MEDICAL
TREATMENT OF JUVENILE

APPENDIX 18-3: DC-503 PETITION FOR COURT APPROVAL OF
STANDBY GUARDIAN

APPENDIX 18-4: DC-504 NOTICE OF PETITION FOR COURT
APPROVAL OF STANDBY GUARDIAN

APPENDIX 18-5: DC-505 ORDER APPROVING STANDBY
GUARDIAN

APPENDIX 18-6: DC-506 NOTICE OF REVOCATION/STATEMENT
OF REFUSAL—STANDBY GUARDIAN

APPENDIX 18-7: DC-502A PETITION FOR JUDICIAL
AUTHORIZATION OF ABORTION

APPENDIX 18-8: DC-502B ADVISEMENT OF RIGHT TO
COUNSEL

APPENDIX 18-9: DC-502C ACKNOWLEDGEMENT OF RIGHT TO
COUNSEL AND APPOINTMENT OF COUNSEL

APPENDIX 18-10: DC-502D ORDER IN PROCEEDING FOR
JUDICIAL AUTHORIZATION OF ABORTION

APPENDIX 18-11: DC-502E NOTICE OF APPEAL—JUDICIAL
AUTHORIZATION OF ABORTION

CHAPTER 19: SPECIAL IMMIGRANT JUVENILE STATUS

19.1 LEGISLATIVE HISTORY OF SPECIAL IMMIGRANT
JUVENILE (SIJ) STATUS

19.2 PROCESS FOR GRANTING SIJ STATUS
        19.201 Role of USCIS
        19.202 Jurisdiction of State Courts to Make Findings
        and Issue Predicate Orders
   
19.3 CHILDREN WHO SEEK SIJ STATUS
        19.301 Entry into United States and Conditions in
        Country of Origin
        19.302 Effect of SIJ Status Determination
   
ADDENDUM: SPECIAL IMMIGRANT JUVENILE (SIJ)
PREDICATE ORDERS IN VIRGINIA POSTCANALES
v. TORRES-ORELLANA

APPENDICES TO ADDENDUM: SPECIAL IMMIGRANT
JUVENILE (SIJ) PREDICATE ORDERS IN VIRGINIA
POST-CANALES v. TORRES-ORELLANA

TABLE OF AUTHORITIES

INDEX

 

Authors

Editors

Angela A. Ciolfi, Legal Aid Justice Center / Charlottesville (Expand/Collapse Bio)

Angela Ciolfi, co-editor of this book and co-author of Chapters 1, 16, 17, and 18, joined the Legal Aid Justice Center in 2004 as a Powell Fellow in the JustChildren Program after clerking for U.S. District Judge Reginald C. Lindsay. She served as JustChildren Legal Director from 2010 to 2017, when she became the Director of Litigation and Advocacy. Ms. Ciolfi was the recipient of the Oliver White Hill Award from the Virginia State Bar in 2003 and the Child Advocacy Award from the American Bar Association’s Young Lawyers Division in 2010. She was also named the recipient of the 2017 Virginia Legal Aid Award by the Virginia State Bar Access to Legal Services Committee for her advocacy for children’s interests throughout the Commonwealth. She is a graduate of the College of William and Mary and the University of Virginia School of Law, where she was a member of the Virginia Law Review, was elected to the Raven Society and Order of the Coif, and won the VTLA Trial Advocacy Award, James C. Slaughter Honor Award, and the Pro Bono Award.

Julie E. McConnell, T.C. Williams School of Law / Richmond (Expand/Collapse Bio)

Julie E. McConnell, co-editor of this book, author of Chapter 11, and coauthor of Chapters 1, 9, 10, 15, and 18, is a Clinical Law Professor and Director of the Children’s Defense Clinic at the University of Richmond School of Law. Through the clinic, she and her students represent, on a pro bono basis, indigent youth throughout Central Virginia who are charged with acts of delinquency. The clinic also represents young people in post-conviction serious offender reviews and adults seeking resentencing on mandatory life sentences that they received as minors. Additionally, the clinic represents guardians seeking custody of undocumented children in special immigrant juvenile status cases.

Previously, Ms. McConnell served six years as a prosecutor in the Richmond Commonwealth’s Attorney’s Office, where she was a supervisor in the Richmond Juvenile and Domestic Relations Court. In that office, she specialized in the prosecution of violent juvenile crimes, domestic violence, elder abuse, child physical and sexual abuse, and domestic homicide cases. Ms. McConnell is a frequent speaker on the topics of best practices in juvenile representation, trauma-informed practice, elder abuse, the impact of child abuse and sexual abuse on children, and clinical education. For more than four years, she was part of a multi-disciplinary team funded by the Office on Violence Against Women, which conducted training on the successful prosecution of elder abuse for law-enforcement and prosecutors throughout the state.

Before becoming a prosecutor, Ms. McConnell served for five years as an assistant public defender and prior to that as a law clerk for the Honorable James W. Benton in the Virginia Court of Appeals. Before law school, she worked with the Virginia ACLU and as a community organizer and lobbyist for several not-for-profits in the Virginia General Assembly. She also served as a counselor and special education teacher at a group home for delinquent youth. Ms. McConnell earned her law degree cum laude from the University of Richmond’s T.C. Williams School of Law and her undergraduate degree from Agnes Scott Women’s College. In 2011, she received the Oliver Hill Juvenile and Domestic Relations Court’s “Unsung Hero” Award. In 2015, she was appointed by the Governor to a four-year term on the Advisory Committee on Juvenile Delinquency and Prevention, and in 2016 she was selected to serve on the Virginia Bar Association’s Commission on the Needs of Children. In 2017, she was selected as the Richmond YWCA’s Outstanding Woman in Education.

Authors

Jeffrey Aaron, PhD., Virginia Department of Behavioral Health and Developmental Services / Richmond (Expand/Collapse Bio)

Jeffrey Aaron, Ph.D., co-author of Chapter 15, is a clinical and forensic psychologist who serves as Forensic Program Consultant for the Virginia Department of Behavioral Health and Developmental Services, where he focuses on the intersection of the mental health and juvenile justice systems. Previously, Dr. Aaron was the Director of the Commonwealth Center for Children and Adolescents (CCCA), Virginia’s only state-operated psychiatric hospital for children and adolescents. Prior to that role, he served at CCCA as Clinical Director of an adolescent inpatient unit, as Forensic Coordinator, and as co-Director of Psychology.

Dr. Aaron is Assistant Clinical Professor of Psychiatry and Neurobehavioral Sciences at the University of Virginia Medical School and Associate Faculty at the Institute of Law, Psychiatry and Public Policy at the University of Virginia. Dr. Aaron has a private forensic psychological evaluation practice based in Charlottesville. Areas of specialization include adolescent decisionmaking, mitigation, juvenile transfer, evaluating confession evidence, trial competency, posttraumatic stress, and juvenile justice. He has served as an expert witness in juvenile and circuit courts across Virginia, and as a consultant to the U.S. Department of Justice. Dr. Aaron has published in the areas of coping with stress, trauma, and juvenile forensic mental health, and has provided invited testimony before the Virginia General Assembly, and has presented across the Commonwealth on such topics as forensic mental health evaluation, adolescent development and legal decision-making, coping with traumatic loss, and clinical assessment of children and adolescents. Dr. Aaron was a member of the Mental Health Workgroup of the Governor’s Task Force on School and Campus Safety and currently serves as a leader on the Charlottesville-Albemarle gang intervention project known as Gang Reduction through Active Community Engagement.

Lisa A. Bennett, Just Children Program, Legal Aid Justice Center / Richmond (Expand/Collapse Bio)

Lisa Bennett, co-author of Chapter17, has advocated on behalf of low-income persons since 1989. Her current work in the JustChildren Program focuses on education and special education rights of juveniles by providing individual representation to court-involved youth in the City of Richmond’s schools, by training parents and other professionals, and by advocating for positive policy and legislative changes. Lisa obtained her law degree from the T.C. Williams School of Law of the University of Richmond.

Kellyn N. Blaisdell, University of Virginia Institute of Law, Psychiatry and Public Policy / Charlottesville (Expand/Collapse Bio)

Kellyn Blaisdell, co-author of Chapters 3 and 4, is a research assistant at the University of Virginia’s Institute of Law, Psychiatry, and Public Policy (ILPPP), where she studies how common cognitive biases can lead to unreliable and inaccurate conclusions within the legal system and forensic science disciplines. Ms. Blaisdell graduated from Princeton University with a degree in psychology and a certificate in neuroscience in 2016. She will begin a doctoral program in clinical psychology in the Fall of 2018.

Kelli Hall Burnett,, Office of the Commonwealth’s Attorney, Juvenile & Domestic Relations Court Division / Richmond (Expand/Collapse Bio)

Kelli Hall Burnett, author of Chapter 6, is the deputy commonwealth’s attorney supervising the Juvenile and Domestic Relations Court Division of the Office of the Commonwealth’s Attorney for the City of Richmond. She has been a prosecutor since 2004, and has specialized in JDR practice since 2006. Ms. Burnett handles child abuse, domestic violence and juvenile delinquency cases and oversees elder abuse prosecutions for Richmond. In 2016, she received the Chappell-Morris Trial Lawyer Award from the Virginia State Chapter of the American College of Trial Lawyers, which recognizes professionalism, high ethical and moral standards, excellent character, and outstanding trial skills. She is a faculty member for the I.M.P.A.C.T. program presented by the Virginia Association of Commonwealth’s Attorneys, which instructs prosecutors on topics specific to JDR practice. She received her Bachelor of Arts in English from the University of Memphis in 2000 and obtained her law degree from the University of Richmond’s T.C. Williams School of Law in 2004. Before becoming an assistant commonwealth’s attorney, she was law clerk to the Honorable David G. Lowe, Magistrate Judge for the United States District Court for the Eastern District of Virginia at Richmond. Ms. Burnett is the mother of two daughters.

Rhanelle Collins-Meredith, Office of the Commonwealth’s Attorney, Juvenile & Domestic Relations Court Division / Richmond (Expand/Collapse Bio)

Rhanelle Collins-Meredith, author of Chapter 7, works for the Office of the Richmond Commonwealth’s Attorney as the supervising assistant commonwealth’s attorney for the Juvenile and Domestic Relations District Court Division. Ms. Collins-Meredith joined the Richmond Commonwealth’s Attorney’s Office in October 2010. Previously, she worked with the Hopewell Commonwealth’s Attorney’s Office and with Temple Law Offices in Washington, DC. She is a graduate of Virginia Union University and Georgetown University Law Center. Her practice has been devoted to criminal matters originating in the Juvenile and Domestic Relations District Court since 2010, with an emphasis on child physical and sexual abuse and domestic violence cases. Ms. Collins-Meredith currently serves as Chair of the City of Richmond Family Violence Fatality Review Committee, a member of the Human Trafficking Regional Law Enforcement Collaborative, and a member of the Regional Child Fatality Review Committee.

Robin L. Foster, M.D., Children’s Hospital of Richmond at Virginia Commonwealth University / Richmond (Expand/Collapse Bio)

Robin L. Foster, M.D., author of Chapter 12, is the director of the child protection team at Children’s Hospital of Richmond at Virginia Commonwealth University. Dr. Foster earned a B.S. in chemistry from the College of William and Mary and an M.D. from Virginia Commonwealth University. She completed her pediatric residency at the Medical College of Virginia and a fellowship in pediatric emergency medicine at St. Christopher’s Hospital for Children in Philadelphia. She is board certified in pediatrics, pediatric emergency medicine, and child abuse pediatrics. Dr. Foster is a member of the Virginia Department of Health’s State Child Fatality Review team. She served as President of the Board for “Prevent Child Abuse Virginia” and the Richmond Midnight Basketball League as well as serving as a member of Richmond CASA, Virginia Poverty Law Center, Reach Out and Read, The New Community School, and the Partnership for Families Northside/Robins Foundation. She received the Outstanding Woman Award in Health and Science from the YWCA and the Champion for Children Award from “Prevent Child Abuse Virginia” in 2009. In 2013 she received the Virginia Commonwealth Attorney Child Advocate Award and the Children’s Hospital of Richmond Spirit of Advocacy Award. Dr. Foster was selected by Virginia Lawyers Weekly for its Influential Women of Virginia Class of 2015. She received the Virginia Governors Award EMS for Children in 2015 and the Reach Out and Read Virginia Coalition Literacy Champion Award in 2016. She also received the Medical Society of Virginia Salute to Service Award for the Uninsured and Underserved in 2016. Dr. Foster was inducted into the VCU School of Medicine chapter of AOA in 2017. She lectures throughout Virginia and the United States on the topic of child abuse and neglect for DCJS, law enforcement, commonwealth’s attorneys, child protective services, CASA, hospitals, residents, and medical students.

Sandra L. Karison, Office of the Executive Secretary of the Supreme Court of Virginia, Court Improvement Program (Expand/Collapse Bio)

Sandra L. Karison, co-author of Chapter 2 and author of Chapters 13, and 14, is Director of the Court Improvement Program in the Office of the Executive Secretary of the Supreme Court of Virginia, where she develops and facilitates the integration of procedures and best practices for court cases involving juvenile and family law. A particular focus for the program is improving the court system’s ability to manage and resolve cases involving child abuse, neglect, foster care, and permanency planning for dependent children under state and federal laws and policies. This work is facilitated by a U.S. Department of Health and Human Services grant first awarded to Virginia in February 1995. Ms. Karison also supports implementation of Judicial Council of Virginia standards for guardians ad litem for children and incapacitated adults.

Ms. Karison previously served as Assistant Director of Legal Research in the Office of the Executive Secretary, as Staff Attorney for the Court Improvement Program, and as an Assistant City Attorney for the City of Richmond representing the Richmond Department of Social Services and Children’s Services Act office. She also has worked for Rappahannock Legal Services and in private practice, where she served as guardian ad litem for children and incapacitated adults. Ms. Karison is a graduate of the University of Virginia and the University of Richmond’s T.C. Williams School of Law.

Hon. Mary E. Langer, Juvenile and Domestic Relations District Court for the 13th Judicial District of Virginia / Richmond (Expand/Collapse Bio)

Mary E. Langer, co-author of Chapter 10, is a presiding judge in the Richmond Juvenile and Domestic Relations District Court. Before her appointment in 2016, Judge Langer worked as a Deputy Commonwealth’s Attorney in the City of Richmond and Chesterfield County, as an Assistant Public Defender in the City of Richmond, and in the Office of the Virginia Attorney General. From 2000 through 2016, Judge Langer’s practice focused on criminal matters originating in the J&DR court, with an emphasis on cases involving the sexual and physical abuse of children. Judge Langer is a graduate of the University of Notre Dame and the Boston College Law School. She is the inaugural recipient of the Virginia S. Duvall Award presented by the Virginia Association of Commonwealth’s Attorneys, the 2013 Women of Achievement Award recipient from the Metropolitan Richmond Women’s Bar Association, a 2015 YWCA Outstanding Women Awards honoree, and the recipient of the 2017 Hill-Tucker Public Service Award from the Richmond Bar Association.

Daniel C. Murrie, Ph.D., University of Virginia Institute of Law, Psychiatry and Public Policy / Charlottesville (Expand/Collapse Bio)

Dr. Daniel Murrie, co-author of Chapters 3 and 4, is Director of Psychology at the University of Virginia’s Institute of Law, Psychiatry and Public Policy (ILPPP), an interdisciplinary program in mental health law, forensic psychiatry, forensic psychology, and neuropsychology. Institute activities include academic programs, forensic clinical evaluations, professional training, research, and public policy consultation and review. Dr. Murrie is also a professor in the Department of Psychiatry and Neurobehavioral Sciences at the University of Virginia School of Medicine, and he teaches a course in psychology and juvenile justice in the University of Virginia School of Law.

Dr. Murrie’s duties at the ILPPP involve training Virginia clinicians to perform forensic evaluations and supervising the ILPPP’s psychiatric, postdoctoral, and practicum trainees. Within the ILPPP’s forensic clinic, he performs criminal and civil forensic psychological evaluations of juveniles and adults. As a researcher, Dr. Murrie has published works in over 50 peerreviewed scientific studies and three books on topics related to forensic psychological assessment, diagnostic labeling, and juvenile justice. Much of his current work addresses bias and quality control in forensic evaluations.

Nancy VanLuyn Oglesby, Attorneys’ Services Council / Williamsburg (Expand/Collapse Bio)

Nancy VanLuyn Oglesby, co-author of Chapter 2 and author of Chapters 5 and 8, has been a career prosecutor in the Commonwealth of Virginia for over 19 years. She is currently Virginia’s Domestic and Sexual Violence Resource Attorney for the Commonwealth’s Attorneys’ Services Council. Ms. Oglesby has handled thousands of domestic violence, child abuse, and sexual assault cases. She has also provided training on these issues to many professionals, including prosecutors, law enforcement officers, advocates, medical professionals, and forensic interviewers. She has been appointed by four Virginia governors to statewide advisory boards, commissions, and task forces devoted to combatting domestic and sexual violence. She also served a key role in the development of the Virginia Department of Criminal Justice Services’ model law enforcement policies related to domestic and sexual violence.

In 2011, Ms. Oglesby was chosen by the Virginia Association of Commonwealth’s Attorneys to receive the Virginia S. Duvall Distinguished Juvenile and Domestic Court Prosecutor Award. She also was recognized in 2012 as the Outstanding Woman of the Year in the area of Law and Government by the Richmond YWCA. In 2015, she co-founded Justice 3D, a company that offers training to allied professionals nationally on issues of child abuse, domestic violence, and sexual assault.

Ms. Oglesby is married and has two daughters, Mackenzie and Berkeley.

Hon. Frank W. Somerville, Juvenile and Domestic Relations District Court, 16th Judicial District of Virginia / Culpeper (Expand/Collapse Bio)

Hon. Frank W. Somerville, co-author of Chapter 9, graduated from Davidson College in 1974. After teaching History and Government for two years, he returned to school and graduated from the University of Virginia School of Law in 1979. He was appointed in 1994 as a Juvenile and Domestic Relations District Court Judge for the 16th Judicial District and currently hears cases in Culpeper County.

Amy E. Walters, Legal Aid Justice Center / Charlottesville (Expand/Collapse Bio)

Amy Walters, co-author of Chapter 16, is a clinic supervisor and attorney at the Legal Aid Justice Center in Charlottesville. She joined the Center in 2014 to supervise University of Virginia School of Law students in the health law clinic and child advocacy clinic. Ms. Walters previously worked at the Maryland Disability Law Center, where she joined the staff as a Skadden Fellow after clerking for U.S. Magistrate Judge F. Bradford Stillman. She received her B.A. and law degrees from the University of Virginia, where she received the Claire Corcoran Award for Public Service.

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