16.1-296 - Jurisdiction of appeals; procedure.
§ 16.1-296. Jurisdiction of appeals; procedure.
A. From any final order or judgment of the juvenile court affecting therights or interests of any person coming within its jurisdiction, an appealmay be taken to the circuit court within 10 days from the entry of a finaljudgment, order or conviction and shall be heard de novo. However, in a casearising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.),a party may take an appeal pursuant to this section within 30 days from entryof a final order or judgment. Protective orders issued pursuant to §16.1-279.1 in cases of family abuse and orders entered pursuant to §16.1-278.2 are final orders from which an appeal may be taken.
B. Upon receipt of notice of such appeal the juvenile court shall forthwithtransmit to the attorney for the Commonwealth a report incorporating theresults of any investigation conducted pursuant to § 16.1-273, which shall beconfidential in nature and made available only to the court and the attorneyfor the defendant (i) after the guilt or innocence of the accused has beendetermined or (ii) after the court has made its findings on the issuessubject to appeal. After final determination of the case, the report and allcopies thereof shall be forthwith returned to such juvenile court.
C. Where an appeal is taken by a child on a finding that he or she isdelinquent and on a disposition pursuant to § 16.1-278.8, trial by jury onthe issue of guilt or innocence of the alleged delinquent act may be had onmotion of the child, the attorney for the Commonwealth or the circuit courtjudge. If the alleged delinquent act is one which, if committed by an adult,would constitute a felony, the child shall be entitled to a jury of 12persons. In all other cases, the jury shall consist of seven persons. If thejury in such a trial finds the child guilty, disposition shall be by thejudge pursuant to the provisions of § 16.1-278.8 after taking intoconsideration the report of any investigation made pursuant to § 16.1-237 or16.1-273.
C1. In any hearing held upon an appeal taken by a child on a finding that heis delinquent and on a disposition pursuant to § 16.1-278.8, the provisionsof § 16.1-302 shall apply mutatis mutandis, except in the case of trial byjury which shall be open. If proceedings in the circuit court are closedpursuant to this subsection, any records or portions thereof relating to suchclosed proceedings shall remain confidential.
C2. Where an appeal is taken by a juvenile on a finding that he is delinquentand on a disposition pursuant to § 16.1-278.8 and the juvenile is in a securefacility pending the appeal, the circuit court, when practicable, shall holda hearing on the merits of the case within 45 days of the filing of theappeal. Upon receipt of the notice of appeal from the juvenile court, thecircuit court shall provide a copy of the order and a copy of the notice ofappeal to the attorney for the Commonwealth within seven days after receiptof notice of an appeal. The time limitations shall be tolled during anyperiod in which the juvenile has escaped from custody. A juvenile heldcontinuously in secure detention shall be released from confinement if thereis no hearing on the merits of his case within 45 days of the filing of theappeal. The circuit court may extend the time limitations for a reasonableperiod of time based upon good cause shown, provided the basis for suchextension is recorded in writing and filed among the papers of theproceedings.
D. When an appeal is taken in a case involving termination of parental rightsbrought under § 16.1-283, the circuit court shall hold a hearing on themerits of the case within 90 days of the perfecting of the appeal. An appealof the case to the Court of Appeals shall take precedence on the docket ofthe Court.
E. Where an appeal is taken by an adult on a finding of guilty of an offensewithin the jurisdiction of the juvenile and domestic relations districtcourt, the appeal shall be dealt with in all respects as is an appeal from ageneral district court pursuant to §§ 16.1-132 through 16.1-137; however,where an appeal is taken by any person on a charge of nonsupport, theprocedure shall be as is provided for appeals in prosecutions under Chapter 5(§ 20-61 et seq.) of Title 20.
F. In all other cases on appeal, proceedings in the circuit court shall beheard without a jury; however, hearing of an issue by an advisory jury may beallowed, in the discretion of the judge, upon the motion of any party. Anappeal from an order of protection issued pursuant to § 16.1-279.1 shall begiven precedence on the docket of the court over other civil appeals taken tothe circuit court from the district courts, but shall otherwise be docketedand processed as other civil cases.
G. Costs, taxes and fees on appealed cases shall be assessed only in thosecases in which a trial fee could have been assessed in the juvenile anddomestic relations court and shall be collected in the circuit court, exceptthat the appeal to circuit court of any case in which a fee either was orcould have been assessed pursuant to § 16.1-69.48:5 shall also be inaccordance with § 16.1-296.2.
H. No appeal bond shall be required of a party appealing from an order of ajuvenile and domestic relations district court except for that portion of anyorder or judgment establishing a support arrearage or suspending payment ofsupport during pendency of an appeal. In cases involving support, no appealshall be allowed until the party applying for the same or someone for himgives bond, in an amount and with sufficient surety approved by the judge orby his clerk if there is one, to abide by such judgment as may be rendered onappeal if the appeal is perfected or, if not perfected, then to satisfy thejudgment of the court in which it was rendered. Upon appeal from a convictionfor failure to support or from a finding of civil or criminal contemptinvolving a failure to support, the juvenile and domestic relations districtcourt may require the party applying for the appeal or someone for him togive bond, with or without surety, to insure his appearance and may alsorequire bond in an amount and with sufficient surety to secure the payment ofprospective support accruing during the pendency of the appeal. An appealwill not be perfected unless such appeal bond as may be required is filedwithin 30 days from the entry of the final judgment or order. However, noappeal bond shall be required of the Commonwealth or when an appeal is properto protect the estate of a decedent, an infant, a convict or an insaneperson, or the interest of a county, city or town.
If bond is furnished by or on behalf of any party against whom judgment hasbeen rendered for money, the bond shall be conditioned for the performanceand satisfaction of such judgment or order as may be entered against theparty on appeal, and for the payment of all damages which may be awardedagainst him in the appellate court. If the appeal is by a party against whomthere is no recovery, the bond shall be conditioned for the payment of anydamages as may be awarded against him on the appeal. The provisions of §16.1-109 shall apply to bonds required pursuant to this subsection.
This subsection shall not apply to release on bail pursuant to othersubsections of this section or § 16.1-298.
I. In all cases on appeal, the circuit court in the disposition of such casesshall have all the powers and authority granted by the chapter to thejuvenile and domestic relations district court. Unless otherwise specificallyprovided by this Code, the circuit court judge shall have the authority toappoint counsel for the parties and compensate such counsel in accordancewith the provisions of Article 6 (§ 16.1-266 et seq.) of this chapter.
J. In any case which has been referred or transferred from a circuit court toa juvenile court and an appeal is taken from an order or judgment of thejuvenile court, the appeal shall be taken to the circuit court in the samelocality as the juvenile court to which the case had been referred ortransferred.
(Code 1950, § 16.1-214; 1956, c. 555; 1966, c. 237; 1977, c. 559; 1978, c.445; 1981, c. 109; 1982, c. 465; 1983, c. 88; 1984, c. 631; 1986, cc. 143,465; 1989, c. 473; 1991, c. 534; 1993, c. 970; 1994, c. 673; 1995, c. 517;1996, c. 866; 1997, cc. 654, 664, 790, 862; 1998, c. 550; 2004, cc. 468, 659,727; 2005, c. 681; 2007, c. 464; 2009, c. 729.)