Juvenile Law and Practice in Virginia

Juvenile Law and Practice in Virginia
Publication Date: 2021
Electronic Forms: 19
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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
  • Guardian ad Litem Practice
  • 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 2021 edition includes a new chapter on serving as a Guardian ad Litem for children. Additional important updates covered include:

  • Circuit courts are no longer required to impose mandatory minimum sentences
  • Circuit courts must consider adverse childhood experiences (ACEs)
  • Clarification on expanded review of the Serious Offender process
  • A new 2021 practice advisory for litigating SIJS cases
  • Changes to limit the transfer of children who are being tried as adults
  • Jurisdiction over special immigrant juvenile status extended to the age of 21

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Table of Contents

CHAPTER LIST 

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. Guardian ad Litem Practice

13. Physical and Medical Aspects of Child Abuse and Neglect

14. Abuse and Neglect Proceedings

15. Foster Care and Termination of Parental Rights

16. Psychiatric Commitment of Minors

17. Basic Educational Law

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

19. The Children's Services Act, Petitions for Services, and Other Proceedings

20. 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 Considerations

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-540 GUARDIAN AD LITEM CERTIFICATION

APPENDIX 2-5: DC-532 CHILD PROTECTIVE ORDER—ABUSE

AND NEGLECT

APPENDIX 2-6: DC-545 PRELIMINARY CHILD PROTECTIVE

ORDER

APPENDIX 2-7: DC-546 CHILD PROTECTIVE ORDER

APPENDIX 2-8: DC-5060 PETITION FOR FOSTER CARE

PLACEMENT HEARING—QUALIFIED RESIDENTIAL

TREATMENT PROGRAM

APPENDIX 2-9: LIST OF AVAILABLE SERIES 500 FILLABLE

FORMS

APPENDIX 2-10: DC-510 SUMMONS

APPENDIX 2-11: DC-513 ADVISEMENT AND REQUEST FOR

APPOINTMENT OF COUNSEL

APPENDIX 2-12: DC-515 WAIVER OF RIGHT TO BE

REPRESENTED BY A LAWYER (JUVENILE)

APPENDIX 2-13: LETTER TO CLIENT’S PARENT OR PARENTS

WHEN CLIENT IS DETAINED

APPENDIX 2-14: LETTER TO CLIENT’S PARENT OR PARENTS

WHEN CLIENT IS FREE

APPENDIX 2-15: INITIAL JUVENILE CLIENT INTERVIEW FORM

APPENDIX 2-16: INITIAL PARENT INTERVIEW FORM

APPENDIX 2-17: MEDICAL RECORDS RELEASE

APPENDIX 2-18: REQUEST AND AUTHORIZATION FOR

EDUCATIONAL RECORDS

CHAPTER 3: CHILD PSYCHOLOGY AND DEVELOPMENT

3.1 INTRODUCTION

3.2 CHILD DEVELOPMENT

3.201 General Stages of Childhood

3.202 Fetal

3.203 Infancy

3.204 Preschool or Early Childhood

3.205 Middle Childhood

3.206 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 Prerequisites to Filing Petition Alleging That Child

Is in Need of Supervision

5.104 Youth Justice Diversion Program

5.105 Appeal of Intake Officer’s Refusal to Authorize

Petition

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 Criteria for Shelter Care

5.204 Place of Confinement

5.205 Procedure for Detention Hearing

5.206 Attorney’s Role in Detention Decision

5.207 Time Limitations

5.208 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 and to Transfer 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

APPENDIX 5-3: DC-529 DETENTION ORDER

APPENDIX 5-4: DC-530 SHELTER CARE ORDER

APPENDIX 5-5: DC-538 PLACEMENT ORDER

APPENDIX 5-6: 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 Child

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

7.19 VIRGINIA’S STANDARDIZED DISPOSITION MATRIX

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

APPENDIX 7-6: STANDARDIZED DISPOSITION MATRIX

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

8.506 Disorderly Conduct

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 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 SERVICE 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 Department of Juvenile Justice

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: GUARDIAN AD LITEM PRACTICE

12.1 INTRODUCTION

12.2 OPENING A GAL CASE

12.3 CUSTODY AND VISITATION CASES

12.301 Initial Court Appearance

12.302 Face-to-Face Meetings with the Child

12.303 Investigation

12.304 What to Expect in the Courtroom

12.305 Recommendations

12.306 Written Versus Oral Reports

12.307 Applicable Law to Custody and Visitation Cases

12.4 FOSTER CARE CASES

12.401 Introduction and Overview of the Foster Care

Timeline

12.402 Family Partnership Meetings

12.403 Face-to-Face Meeting with the Child

12.404 Collaboration with the “Team”

12.405 What to Expect in the Courtroom

12.406 Kinship Placement

12.407 Residential Placement

12.408 Additional Training Resources

12.5 CHILDREN IN NEED OF SERVICES (CHINServ) AND

CHILDREN IN NEED OF SUPERVISION (CHINSup)

12.501 Introduction and Overview of Proceedings

12.502 Face-to-Face Time with the Child

12.6 FUNDING

12.601 Foster Care Prevention Services

12.602 Children’s Services Act (CSA) Funds

12.7 TRAUMA-INFORMED PRACTICE AND ACES

12.8 SELF-CARE AND BURNOUT

APPENDIX 12-1: OPENING FILE CHECKLIST

APPENDIX 12-2: EXAMPLE OF INTRODUCTORY LETTER

TO PARENT

APPENDIX 12-3: TEMPORARY/FINAL CUSTODY AND

VISITATION ORDER

APPENDIX 12-4: STANDARD JOINT LEGAL CUSTODY TERMS

APPENDIX 12-5: EXAMPLE OF STANDARD VISITATION AND

HOLIDAY SCHEDULE

APPENDIX 12-6: EXAMPLES OF DRUG AND ALCOHOL

PROVISIONS IN CUSTODY ORDERS

APPENDIX 12-7: EXAMPLES OF ROADMAPS TO TRIAL

HOME PLACEMENT

APPENDIX 12-8: NOTICE TO THE DEPARTMENT OF SOCIAL

SERVICES FOR FOSTER CARE PREVENTION SERVICES

CHAPTER 13: PHYSICAL AND MEDICAL ASPECTS OF CHILD

ABUSE AND NEGLECT

13.1 INTRODUCTION

13.2 STATISTICAL SUMMARY OF CHILD ABUSE AND

NEGLECT

13.3 RECOGNITION OF CHILD PHYSICAL ABUSE

13.301 Soft Tissue Injuries

13.302 Burns

13.303 Orthopedic Injuries

13.304 Abdominal Injuries

13.305 Head Injuries

13.4 MEDICAL CHILD ABUSE

13.5 CHILD NEGLECT AND FAILURE TO THRIVE

13.6 CHILD SEXUAL ABUSE

13.601 Introduction

13.602 Epidemiology

13.603 Sex Trafficking

13.604 Disclosure of Abuse

13.605 Family’s Reaction to Disclosure

13.606 Model for Sexual Abuse Evaluation

13.607 Potential for Fabrication

13.7 PHYSICAL EXAM FOR CHILD SEXUAL ABUSE

13.701 Generally

13.702 Anogenital Exams

13.703 Alternative Diagnoses

13.704 Systematic Identification of Injuries

APPENDIX 13-1: ABUSE PHOTOGRAPHS

APPENDIX 13-2: DIAGRAM OF FEMALE GENITALIA

APPENDIX 13-3: DIAGRAM OF MALE GENITALIA

APPENDIX 13-4: DIAGRAM OF ANAL ANATOMY

CHAPTER 14: ABUSE AND NEGLECT PROCEEDINGS

14.1 DEFINITION OF ABUSE AND NEGLECT

14.2 STATUTORY FRAMEWORK FOR INVESTIGATING ABUSE

AND NEGLECT

14.201 Mandatory Reporting

14.202 Immunity for Good-Faith Reporting

14.203 Statutory Penalties

14.204 Family Assessment or Investigation by Local Child

Protective Services

14.205 Challenging an Administrative Determination That

Report of Child Abuse and Neglect is “Founded”

14.206 Authority to Take Children into Custody

14.207 Authority in Trafficking Cases

14.3 COURT PROCEEDINGS RELATING TO ABUSE AND

NEGLECT

14.301 In General

14.302 Emergency Removal Order

14.303 Preliminary Removal Hearing and Order

14.304 Adjudication at the Preliminary Removal Hearing;

Scheduling the Disposition Hearing

14.305 Preliminary Protective Order

14.306 Adjudication at the Preliminary Protective Order

Hearing; Scheduling the Disposition Hearing

14.307 Dispositional Hearing

14.308 Appeals

14.309 Determining Where the Child Will Reside

14.310 Evidentiary Issues

14.311 Obtaining Protection for a Child Through Other

Kinds of Proceedings

APPENDIX 14-1: DC-620 UNIFORM CHILD CUSTODY

JURISDICTION AND ENFORCEMENT ACT AFFIDAVIT 

APPENDIX 14-2: DC-526 EMERGENCY REMOVAL ORDER

APPENDIX 14-3: DC-544 ORDER FOR COURT-APPOINTED

SPECIAL ADVOCATE

APPENDIX 14-4: DC-536 TRIAL WITHOUT A LAWYER

APPENDIX 14-5: DC-528 PRELIMINARY REMOVAL ORDER

APPENDIX 14-6: DC-561 ADJUDICATORY ORDER FOR ABUSE

OR NEGLECT CASES

APPENDIX 14-7: DC-527 PRELIMINARY CHILD PROTECTIVE

ORDER—ABUSE AND NEGLECT

APPENDIX 14-8: DC-553 DISPOSITIONAL ORDER FOR

UNDERLYING PETITION, FOSTER CARE PLAN

APPENDIX 14-9: DC-559(A-C) SUPPLEMENT TO ORDER

TRANSFERRING CUSTODY

CHAPTER 15: FOSTER CARE AND TERMINATION OF

PARENTAL RIGHTS

15.1 FOSTER CARE

15.101 How Children Come into Foster Care

15.102 The Foster Care Plan

15.103 Court Review of the Foster Care Plan

15.104 Requirement for Permanency Planning

15.105 Requirement for Review of Foster Care Plan

15.106 Restoration of Parental Rights

15.107 Adoption Progress Reports

15.108 Limitations on Placement of Children in Foster Care

in Congregate Care Facilities

15.2 TERMINATION OF RESIDUAL PARENTAL RIGHTS

15.201 In General

15.202 No Reasonable Likelihood of Rehabilitation in Cases

of Serious Child Abuse and Neglect

15.203 Failure of Parents to Communicate with Child or

Change Conditions That Resulted in Removal

15.204 Abandonment

15.205 Prior Termination of Parental Rights or Intra-family

Criminal Conduct by Parent

15.206 Child’s Objection to Termination of Parental Rights

15.207 Foster Care Plan with Goal of Termination of Parental

Rights Required

15.208 Authority to File Petition Requesting Termination

15.209 Review of Foster Care Plan Combined with

Termination Hearing

15.210 Consideration of Availability of Adoptive Home

15.211 Key Issues in Litigating Termination of Residual

Parental Rights Cases

15.212 Order for Involuntary Termination of Residual

Parental Rights; Appeal

15.213 Restoration of Parental Rights

15.214 Table of Appellate Cases

15.3 PERMANENT FOSTER CARE

15.301 Agency Authority for Placement

15.302 Rights of Foster Parents and Child

15.303 Fostering Futures Program

15.4 INTERSTATE COMPACT ON THE PLACEMENT OF

CHILDREN (ICPC)

15.401 Background and Purpose

15.402 Resources

15.403 Attorney Issues

15.5 CHILDREN’S SERVICES ACT

15.501 Background and Importance

15.502 Structure

15.503 Eligibility for Services

15.504 Power of the Court

APPENDIX 15-1: DC-534 ORDER FOR VOLUNTARY

TERMINATION OF RESIDUAL PARENTAL RIGHTS

APPENDIX 15-2: DC-562 ORDER FOR CUSTODY TRANSFER

TO AGENCY

APPENDIX 15-3: DC-554 PETITION FOR FOSTER CARE

REVIEW HEARING

APPENDIX 15-4: DC-555 FOSTER CARE REVIEW ORDER

APPENDIX 15-5: DC-556 PETITION FOR PERMANENCY

PLANNING HEARING

APPENDIX 15-6: DC-557 PERMANENCY PLANNING ORDER

APPENDIX 15-7: ADOPTION PROGRESS REPORT

APPENDIX 15-8: DC-5061 FOSTER CARE PLACEMENT ORDER—

QUALIFIED RESIDENTIAL TREATMENT PROGRAM

APPENDIX 15-9: DC-5062 QUALIFIED RESIDENTIAL

TREATMENT PROGRAM (QRTP) PLACEMENT

SUPPLEMENTAL ORDER

APPENDIX 15-10: DC-535 NOTICE OF TERMINATION OF

RESIDUAL PARENTAL RIGHTS

APPENDIX 15-11: DC-531 ORDER FOR INVOLUNTARY

TERMINATION OF RESIDUAL PARENTAL RIGHTS

APPENDIX 15-12: DC-564 PETITION FOR RESTORATION OF

PARENTAL RIGHTS

APPENDIX 15-13: DC-566 PARENTAL PLACEMENT ORDER

FOR RESTORATION OF PARENTAL RIGHTS

APPENDIX 15-14: DC-558 PERMANENT FOSTER CARE

PLACEMENT ORDER

APPENDIX 15-15: DC-595 PETITION FOR REVIEW OF

VOLUNTARY CONTINUING SERVICES AND SUPPORT

AGREEMENT AND APPROVAL OF CASE PLAN

APPENDIX 15-16: DC-596 ORDER APPROVING VOLUNTARY

CONTINUING SERVICES AND SUPPORT CASE PLAN

CHAPTER 16: PSYCHIATRIC COMMITMENT OF MINORS

16.1 INTRODUCTION

16.2 THE PSYCHIATRIC TREATMENT OF MINORS ACT

16.201 Jurisdiction and Definitions

16.202 Parental Admission of Minors Younger Than 14 and

Nonobjecting Minors 14 Years of Age or Older

16.203 Parental Admission of Objecting Minors 14 Years of

Age or Older

16.204 Issuance and Execution of Emergency Custody Orders

16.205 Involuntary Temporary Detention

16.206 Involuntary Civil Commitment

16.207 Mandatory Outpatient Treatment

16.208 Appeal of Commitment Order

16.3 A PRACTICAL ROADMAP

16.301 Participants in the Commitment Process

16.302 Process from Emergency Custody Order to

Temporary Detention Order

16.303 Process from Temporary Detention Order to

Commitment

16.4 PREPARATION FOR THE COMMITMENT HEARING

16.401 General Preparation

16.402 Case Preparation—Obtaining Records

16.403 Case Preparation—Conducting Interviews

16.404 Case Preparation—Pre-Hearing Analysis

16.405 Additional Strategic Considerations

APPENDIX 16-1: ATTORNEY CHECKLIST FOR COMMITMENT

HEARINGS

APPENDIX 16-2: JUVENILE CIVIL COMMITMENT

PROCEEDINGS DISTRICT COURT FORMS

APPENDIX 16-3: SUMMARY OF PSYCHIATRIC COMMITMENT

OF MINORS

CHAPTER 17: BASIC EDUCATIONAL LAW

17.1 INTRODUCTION

17.2 ACCESSING STUDENTS’ EDUCATIONAL RECORDS

17.3 STANDARDS OF LEARNING AND EVERY STUDENT

SUCCEEDS ACT

17.301 In General

17.302 The Standards of Learning (SOLs) and the SOL

Tests Generally

17.303 The Every Student Succeeds Act

17.4 ENROLLMENT

17.401 In General

17.402 General Enrollment Principles

17.403 Students Living with Non-Parent Relatives

17.404 Enrollment of Homeless Students: McKinney-Vento

Rights

17.405 Enrollment and Immigrant Students

17.406 Enrollment of Youth in Foster Care

17.407 Enrollment and Incarcerated Youth

17.5 STUDENT DISCIPLINE

17.501 Introduction

17.502 Bullying

17.503 Sufficient Cause

17.504 Short-Term Versus Long-Term Suspensions

17.505 Expulsion

17.506 Readmission After Expulsion

17.507 Exclusion (Students Expelled or Suspended from

Outside the School District)

17.508 Zero Tolerance

17.509 Special Circumstances for Mitigation Purposes

17.510 Drug Offenses and “Firearms”

17.511 Other Weapons

17.512 Alternative Schools and Programs

17.513 Punishment of Off-Grounds Conduct

17.514 Allegations of Gang Activity and the First Amendment

17.515 Corporal Punishment Prohibited; Reasonable Force

Permitted

17.516 Investigation by School and Law Enforcement

Officials

17.517 Procedural Due Process

17.518 Contents of Written Notice

17.519 Timelines for Notice, Hearings, and Appeals

17.520 Requesting Discipline Records

17.521 Client Testimony and Fifth Amendment Rights

17.522 Judicial Review of a School Board Action

17.523 Juvenile Courts and Schools

17.6 BASIC SPECIAL EDUCATION LAW

17.601 Eligibility for Special Education and Related Services 

17.602 Parental Rights and the Definition of “Parent”

17.603 Free Appropriate Public Education (FAPE)

17.604 From “Child Find” to Eligibility

17.605 The Individualized Education Program (IEP) and

IEP Team

17.606 The Role of Parental Consent

17.607 Placement

17.608 Disputes

17.7 DISCIPLINE OF STUDENTS WITH DISABILITIES

17.701 In General

17.702 Disciplinary Changes in Placement

17.703 Manifestation Determination Review (MDR)

17.704 Services During Removal

17.705 Weapons, Drugs, Serious Bodily Injuries

17.706 Disciplining Students Not Yet Found Eligible for

Special Education

17.707 Dispute Resolution/Challenging the MDR Decision

17.8 SECTION 504 OF THE REHABILITATION ACT

CHAPTER 18: USING EDUCATIONAL LAW TO CREATE

BETTER OUTCOMES IN JUVENILE CASES

18.1 INTRODUCTION

18.2 COMMUNICATION BETWEEN SCHOOL AND COURT

18.3 INTAKE, DETENTION, AND OTHER PRELIMINARY

MATTERS

18.301 Introduction

18.302 Jurisdiction

18.303 Understanding a Child’s School Status at Intake

18.304 Education Services When Child Is Detained

18.305 Education Factors in Competency Determination

18.4 ADJUDICATION

18.401 Preliminary (Pre-Adjudication) Matters

18.402 Trial

18.403 Probation Violations for Failure to Attend School

18.5 DISPOSITIONAL ALTERNATIVES

18.501 General Considerations

18.502 Formulating a Disposition Plan

18.503 Evidence in the Disposition Hearing

18.504 Follow-Up When the Court Orders Participation in

Educational Programming for the Child

18.6 REENTRY INTO EDUCATIONAL PROGRAMS

18.7 ATTENDANCE AND TRUANCY

18.701 Introduction

18.702 Compulsory Attendance Requirements

18.703 Truancy and the CHINSup Petition

18.704 Diversion

18.705 Adjudication

18.706 Disposition

18.707 Violation of Court Order to Go to School (Pre- or PostDisposition)

18.708 Dispositional Alternatives

18.8 EDUCATIONAL RIGHTS OF YOUTH IN FOSTER CARE OR

KINSHIP CARE

18.801 Children in Foster Care

18.802 Students Living with Non-Parent Relatives

18.9 ORDERING EDUCATIONAL SERVICES

CHAPTER 19: THE CHILDREN’S SERVICES ACT, PETITIONS

FOR SERVICES, AND OTHER PROCEEDINGS

19.1 THE CHILDREN’S SERVICES ACT

19.101 Background and Importance

19.102 Structure

19.103 Eligibility for Services

19.104 Attorney’s Role in Obtaining Services

19.105 Court’s Authority to Order Services Contrary to

FAPT and CPMT Recommendation

19.2 JUDICIAL PROCEEDINGS TO ORDER SERVICES

19.201 History of Section 16.1-278 of the Virginia Code

19.202 Jurisdiction and Scope

19.203 Examples of Proceedings to Order Services

19.3 ORDERING MEDICAL TREATMENT

19.301 Emergency Medical Treatment

19.302 Authorization of Abortion Without Parental Consent 

19.303 Other Medical Treatment or Examination

19.304 Role of Guardian Ad Litem

19.4 EMANCIPATION

19.401 Statutory Proceedings

19.402 Effects of Order

19.403 Common Law Emancipation

19.5 CONFIDENTIALITY OF JUVENILE RECORDS AND

PROCEEDINGS

19.501 In General

19.502 Police Records

19.503 Juvenile Court and Related Records

19.504 Confidentiality of Proceedings

19.505 Confidentiality of Department of Juvenile Justice

Records

19.506 Effects of Juvenile Adjudication

19.507 Expungement

19.508 Reports to School Authorities

19.509 DNA Testing

19.510 Criminal Street Gang Reporting

19.511 Sex Offender Registration

19.6 STANDBY GUARDIANSHIP

APPENDIX 19-1: DC-550 PETITION REQUESTING

AUTHORIZATION FOR MEDICAL TREATMENT

OF JUVENILE

APPENDIX 19-2: DC-551 ORDER AUTHORIZING MEDICAL

TREATMENT OF JUVENILE

APPENDIX 19-3: DC-503 PETITION FOR COURT APPROVAL

OF STANDBY GUARDIAN

APPENDIX 19-4: DC-504 NOTICE OF PETITION FOR COURT

APPROVAL OF STANDBY GUARDIAN

APPENDIX 19-5: DC-505 ORDER APPROVING STANDBY

GUARDIAN

APPENDIX 19-6: DC-506 NOTICE OF REVOCATION/STATEMENT

OF REFUSAL—STANDBY GUARDIAN

APPENDIX 19-7: DC-502A PETITION FOR JUDICIAL

AUTHORIZATION OF ABORTION

APPENDIX 19-8: DC-502B ADVISEMENT OF RIGHT TO

COUNSEL

APPENDIX 19-9: DC-502C ACKNOWLEDGEMENT OF RIGHT TO

COUNSEL AND APPOINTMENT OF COUNSEL

APPENDIX 19-10: DC-502D ORDER IN PROCEEDING FOR

JUDICIAL AUTHORIZATION OF ABORTION

APPENDIX 19-11: DC-502E NOTICE OF APPEAL—JUDICIAL

AUTHORIZATION OF ABORTION

CHAPTER 20: SPECIAL IMMIGRANT JUVENILE STATUS

20.1 LEGISLATIVE HISTORY OF SPECIAL IMMIGRANT

JUVENILE (SIJ) STATUS

20.2 PROCESS FOR GRANTING SIJ STATUS

20.201 Role of USCIS

20.202 Jurisdiction of State Courts to Make Findings and

Issue Predicate Orders

20.3 CHILDREN WHO SEEK SIJ STATUS

20.301 Entry into United States and Conditions in Country

of Origin

20.302 Effect of SIJ Status Determination

PRACTICE ADVISORY: STRATEGIES FOR OBTAINING SIJS

FACTUAL FINDINGS IN VIRGINIA AFTER JULY 1, 2019

PRACTICE UPDATE: STRATEGIES FOR OBTAINING SIJS

FACTUAL FINDINGS IN VIRGINIA AFTER THE 2021

AMENDMENT TO CODE OF VIRGINIA § 16.1-241

APPENDICES TO THE PRACTICE ADVISORY AND PRACTICE

UPDATE 

TABLE OF AUTHORITIES

 INDEX

Authors

EDITORS:

 

Julie E. McConnell

 

Crystal S. Shin

 

AUTHORS:

 

Jeffrey Aaron, Ph.D.

 

Erin Bumgarner Barr

 

Hon. David M. Barredo

 

Megan L. Clark

 

Morgan A. Cox

 

Tanishka V. Cruz

 

Madeline Taylor Diaz

 

Robin L. Foster, M.D.

 

Sandra L. Karison

 

Jordan L. Kerere

 

Hon. Mary E. Langer

 

Daniel C. Murrie, Ph.D.

 

Nancy VanLuyn Oglesby

 

Christine Lockhart Poarch

 

Eric J. Reynolds

 

Rachel L. D. Thompson

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