16.1-345.4 - Court review of mandatory outpatient treatment plan.
§ 16.1-345.4. Court review of mandatory outpatient treatment plan.
A. The juvenile and domestic relations district court judge shall hold ahearing within 15 days after receiving the motion for review of the mandatoryoutpatient treatment plan; however, if the fifteenth day is a Saturday,Sunday, or legal holiday, the hearing shall be held on the next day that isnot a Saturday, Sunday, or legal holiday. If the minor is being detainedunder a temporary detention order, the hearing shall be scheduled within thesame time frame provided for a commitment hearing under § 16.1-341. The clerkshall provide notice of the hearing to the minor, his parents, the communityservices board, all treatment providers listed in the comprehensive mandatoryoutpatient treatment order, and the original petitioner for the minor'sinvoluntary treatment. If the minor is not represented by counsel, the judgeshall appoint an attorney to represent the minor in this hearing and anysubsequent hearings under § 16.1-345.5, giving consideration to appointingthe attorney who represented the minor at the proceeding that resulted in theissuance of the mandatory outpatient treatment order. The judge shall alsoappoint a guardian ad litem for the minor. The community services board shalloffer to arrange the minor's transportation to the hearing if the minor isnot detained and has no other source of transportation.
B. If requested by the minor's parents, the community services board, atreatment provider listed in the comprehensive mandatory outpatient treatmentplan, or the original petitioner for the minor's involuntary treatment, thejuvenile and domestic relations district court judge may order an evaluationand appoint a qualified evaluator in accordance with § 16.1-342 who shallpersonally examine the minor and certify to the court whether or not he hasprobable cause to believe that the minor meets the criteria for involuntaryinpatient treatment or mandatory outpatient treatment as specified in §16.1-345 and subsection A of § 16.1-345.2. The evaluator's report may beadmitted into evidence without the appearance of the evaluator at the hearingif not objected to by the minor or his attorney. If the minor is not detainedin an inpatient facility, the community services board shall arrange for theminor to be examined at a convenient location and time. The communityservices board shall offer to arrange for the minor's transportation to theexamination, if the minor has no other source of transportation. If the minorrefuses or fails to appear, the community services board shall notify thecourt, and the court shall issue a mandatory examination order and a civilshow cause summons. The return date for the civil show cause summons shall beset on a date prior to the review hearing scheduled pursuant to subsection A,and the examination of the minor shall be conducted immediately after thehearing thereon, but in no event shall the period for the examination exceedfour hours.
C. If the minor fails to appear for the hearing, the juvenile and domesticrelations district court judge shall, after consideration of any evidencefrom the minor, from his parents, from the community services board, or fromany treatment provider identified in the mandatory outpatient treatment planregarding why the minor failed to appear at the hearing, either (i)reschedule the hearing pursuant to subsection A, (ii) issue an emergencycustody order pursuant to § 16.1-340, or (iii) issue a temporary detentionorder pursuant to § 16.1-340.1.
D. After hearing the evidence regarding the minor's material noncompliancewith the mandatory outpatient treatment order and the minor's currentcondition, and any other relevant information referenced in § 16.1-345 andsubsection A of § 16.1-345.2, the juvenile and domestic relations districtcourt judge may make one of the following dispositions:
1. Upon finding by clear and convincing evidence that the minor meets thecriteria for involuntary admission and treatment specified in § 16.1-345, thejudge shall order the minor's involuntary admission to a facility designatedby the community services board for a period of treatment not to exceed 30days;
2. Upon finding that the minor continues to meet the criteria for mandatoryoutpatient treatment specified in subsection A of § 16.1-345.2, and that acontinued period of mandatory outpatient treatment appears warranted, thejudge may renew the order for mandatory outpatient treatment, making anynecessary modifications that are acceptable to the community services boardor treatment provider responsible for the minor's treatment. In determiningthe appropriateness of outpatient treatment, the court may consider theminor's material noncompliance with the previous mandatory treatment order; or
3. Upon finding that neither of the above dispositions is appropriate, thejudge may rescind the order for mandatory outpatient treatment.
Upon entry of an order for involuntary inpatient admission, transportationshall be provided in accordance with § 16.1-345.
E. For the purposes of this section, "juvenile and domestic relationsdistrict court judge" shall not include a special justice as authorized by §37.2-803.
(2009, cc. 455, 555; 2010, cc. 778, 825.)