Bill Text: VA HB1694 | 2015 | Regular Session | Chaptered
Bill Title: Temporary detention order; custody.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-03-17 - Governor: Acts of Assembly Chapter text (CHAP0309) [HB1694 Detail]
Download: Virginia-2015-HB1694-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§16.1-340.1:1 and 37.2-809.1 of the Code of Virginia are amended and reenacted as follows: §16.1-340.1:1. Facility of temporary detention. A. In each case in which an employee or designee of the local community services board is required to make an evaluation of a minor pursuant to subsection B, G, or H of §16.1-340, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the minor will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to §16.1-340. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the minor necessary to allow the state facility to determine the services the minor will require upon admission. B. A state facility may, following the notice in accordance
with subsection A, conduct a search for an alternative facility that is able
and willing to provide temporary detention and appropriate care to the minor,
which may include another state facility if the state facility notified in
accordance with subsection A is unable to provide temporary detention and
appropriate care for the minor. Under no circumstances shall a state facility
fail or refuse to admit a minor who meets the criteria for temporary detention
pursuant to §16.1-340.1 unless an alternative facility that is able to provide
temporary detention and appropriate care agrees to accept the minor for
temporary detention, and the minor shall not during the duration of the
temporary detention order be released from C. The facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the State Board of Behavioral Health and Developmental Services. §37.2-809.1. Facility of temporary detention. A. In each case in which an employee or designee of the local community services board as defined in §37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of §37.2-808, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the individual will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to §37.2-808. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the individual necessary to allow the state facility to determine the services the individual will require upon admission. B. A state facility may, following the notice in accordance
with subsection A, conduct a search for an alternative facility that is able
and willing to provide temporary detention and appropriate care to the
individual, which may include another state facility if the state facility
notified in accordance with subsection A is unable to provide temporary
detention and appropriate care for the individual. Under no circumstances shall
a state facility fail or refuse to admit an individual who meets the criteria
for temporary detention pursuant to §37.2-809 unless an alternative facility
that is able to provide temporary detention and appropriate care agrees to
accept the individual for temporary detention and the individual shall not
during the duration of the temporary detention order be released from C. The facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the Board. |
