| Publication Date: | 2021 |
| Electronic Forms: | 19 |
| Available Formats: | Print (1,106 pages, softcover, 1 volume) |
| Electronic (searchable PDF via flash drive, CD, or immediate download) | |
| Both Print and Electronic formats | |
| Online Publications Library: Access our full library of books online with universal search and links to primary law. |
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| Product #: | 855 |
“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:
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
EDITORS:
AUTHORS:
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