16.1-340.2 - Transportation of minor in the temporary detention process.
§ 16.1-340.2. Transportation of minor in the temporary detention process.
A. In specifying the primary law-enforcement agency and jurisdiction forpurposes of this section, the magistrate shall specify in the temporarydetention order the law-enforcement agency of the jurisdiction in which theminor resides to execute the order and, in cases in which transportation isordered to be provided by the primary law-enforcement agency, providetransportation. However, if the nearest boundary of the jurisdiction in whichthe minor resides is more than 50 miles from the nearest boundary of thejurisdiction in which the minor is located, the law-enforcement agency of thejurisdiction in which the minor is located shall execute the order andprovide transportation.
B. The magistrate issuing the temporary detention order shall specify thelaw-enforcement agency to execute the order and provide transportation.However, the magistrate may authorize transportation by an alternativetransportation provider, including a parent, family member, or friend of theminor who is the subject of the temporary detention order, a representativeof the community services board, or other transportation provider withpersonnel trained to provide transportation in a safe manner upondetermining, following consideration of information provided by thepetitioner; the community services board or its designee; the locallaw-enforcement agency, if any; the minor's treating physician, if any; orother persons who are available and have knowledge of the minor, and, whenthe magistrate deems appropriate, the proposed alternative transportationprovider, either in person or via two-way electronic video and audio ortelephone communication system, that the proposed alternative transportationprovider is available to provide transportation, willing to providetransportation, and able to provide transportation in a safe manner. Whentransportation is ordered to be provided by an alternative transportationprovider, the magistrate shall order the specified primary law-enforcementagency to execute the order, to take the minor into custody, and to transfercustody of the minor to the alternative transportation provider identified inthe order. In such cases, a copy of the temporary detention order shallaccompany the minor being transported pursuant to this section at all timesand shall be delivered by the alternative transportation provider to thetemporary detention facility. The temporary detention facility shall return acopy of the temporary detention order to the court designated by themagistrate as soon as is practicable. Delivery of an order to alaw-enforcement officer or alternative transportation provider and return ofan order to the court may be accomplished electronically or by facsimile.
The order may include transportation of the minor to such other medicalfacility as may be necessary to obtain further medical evaluation ortreatment prior to placement as required by a physician at the admittingtemporary detention facility. Nothing herein shall preclude a law-enforcementofficer or alternative transportation provider from obtaining emergencymedical treatment or further medical evaluation at any time for a minor inhis custody as provided in this section. Such medical evaluation or treatmentshall be conducted immediately in accordance with state and federal law.
C. A law-enforcement officer may lawfully go or be sent beyond theterritorial limits of the county, city, or town in which he serves to anypoint in the Commonwealth for the purpose of executing any temporarydetention order pursuant to this section. Law-enforcement agencies may enterinto agreements to facilitate the execution of temporary detention orders andprovide transportation.
(2010, cc. 778, 825.)