3.4 Juvenile Law
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3.4 JUVENILE LAW 947
3.401 Introduction.
A. Historical Background. The Virginia General Assembly's reorganization of the court system in 1972 and 1973 resulted in the creation of a statewide system of juvenile and domestic relations district courts as a
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counterpart to the circuit courts and general district courts. Before this action, the juvenile courts were a part of the county courts in all jurisdictions other than those cities where separate courts had previously been established and those areas of the state where regional juvenile and domestic relations courts were operating. After a comprehensive drafting process over several years, the Virginia Supreme Court in 1992 adopted the Juvenile and Domestic Relations District Courts Rules as part eight of the Rules of the Virginia Supreme Court, effective on July 1, 1992.
B. Organization of Juvenile Code. The juvenile and domestic relations district court law, found in chapter 11 of title 16.1, is fairly comprehensive, and representative of the fact that juvenile court law is largely statutory with little reliance on case law. The code has three significant organizational characteristics: (i) it is designed along tracks, depending on how the juvenile enters the court system, whether through delinquency, abuse, or neglect; children in need of services; or children in need of supervision; 948 (ii) it proceeds chronologically through the process in an orderly sequence; 949 and (iii) wherever there are alternative courses of action possible, that which is listed first is the least intrusive or restrictive alter-native. 950 The third characteristic is particularly significant in light of the philosophical basis for the juvenile court and its jurisdiction. 951
C. Jurisdiction of Juvenile Court.
1. In General. The juvenile court has jurisdiction primarily over matters involving juveniles, defined as persons under the age of 18. 952 The critical point in time for the ages specified in the law is the "age of the
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child at the time of the acts complained of in the petition." 953 There is no statutory minimum age for delinquency, or any other basis for jurisdiction, and it is debatable whether the common-law minimum age of seven for criminal responsibility applies in the juvenile court. 954 The Virginia Code does prescribe a minimum age of 11 for commitment to the state and 14 for post-trial detention in a local facility, but it is silent on the jurisdictional age is-sue. 955 If a person has reached the age of 21 without being tried as a juvenile, he or she must be tried as an adult even if the offense occurred before that person's 18th birthday. 956 Proceedings against adults who are under the age of 21 and who are alleged to have committed an offense before attaining the age of 18 that would be a crime if committed by an adult must be commenced by filing a petition. 957
Once jurisdiction over the person has been obtained by a juvenile court, that jurisdiction may be retained until the person reaches the age of 21, except when custody is in the Department of Juvenile Justice or when jurisdiction has been divested by the circuit court pursuant to section 16.1-244. 958
2. Venue. Where delinquency is alleged, the case must begin in the city or county where the alleged acts occurred unless the child and the commonwealth's attorneys for each jurisdiction consent in writing to the case
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being commenced in the city or county where the juvenile resides. 959 In other cases involving children, the proceedings generally should begin in the city or county where the child resides or where the child is present. 960 Spousal and child support cases other than those covered by title 20 are to be commenced in the city or county where either party resides or in the locality where the respondent resides when the proceeding commences, and spousal abuse protective order cases are to be commenced where either party has his or her principal residence or where the abuse occurred. 961 When the juvenile court is exercising jurisdiction over adults charged with criminal offenses, venue is where the alleged acts occurred. 962 Except for custody, visitation, and support cases, the court may at any time, for good cause shown, transfer a matter to the city or county of the child's residence, if brought elsewhere, although in a delinquency case such transfer cannot be made until after adjudication. 963
3. Subject Matter Jurisdiction.
a. In General. The juvenile and domestic relations district court has jurisdiction over practically all matters affecting the family, other than divorce and adoption. Section 16.1-241 of the Virginia Code governs the exclusive and original jurisdiction of the court.
The circuit court has concurrent jurisdiction with the juvenile and domestic relations district court in matters of custody, support, and visitation where a matter is pending in the juvenile and domestic relations court before the filing of a divorce action. However, the juvenile and domestic relations court is divested of jurisdiction when a divorce pleading raises issues of custody, support, or visitation and a hearing is set in the circuit court for a date certain, to be heard within 21 days of the filing, unless both parties agree to a referral to the juvenile and domestic relations court. 964
b. Delinquency. The juvenile and domestic relations district court has original and exclusive jurisdiction over all charges against a child that would be crimes if committed by an adult, whether misdemeanors, felonies, traffic violations, or the refusal to take a blood test, and regardless
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of whether a violation of state or federal law or a city, county, town, or service district ordinance, except where the jurisdiction has been terminated. 965 Delinquency does not include a "traffic infraction" as defined in section 46.2-100 of the Virginia Code. 966
The juvenile court can be divested of its jurisdiction over a minor. If a young person is "tried and convicted in a circuit court as an adult," he or she is "considered and treated as an adult in any criminal proceeding resulting from any alleged future criminal acts." 967 Once tried and convicted as an adult, the specific protections of the juvenile code no longer apply to the minor. 968 Section 16.1-241 also clarifies that the juvenile court's jurisdiction over a "violent juvenile felony" allegedly committed by a juvenile age 14 or older is limited to the holding of a preliminary hearing under section 16.1-269.1(B) or (C), unless the commonwealth's attorney elects not to give notice of intent to transfer under section 16.1-269.1(C). Jurisdiction over an "ancillary charge," a delinquent act committed by the juvenile as part of the same act or transaction as a felony delinquent act, is also divested when the principal charge is transferred or certified. 969
c. Children in Need of Services (CHINServ). The court has jurisdiction over any "child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child" or "another person." The definition includes children under age 14. The conduct must also present a clear and substantial danger to the child's life or health or another person's life or health; there must be a need for the treatment, rehabilitation, or services not being received; and the intervention of the court must be essential to getting the treatment, rehabilitation, or services provided. 970 A child in need of services is not considered delinquent, but a child could become delinquent in subsequent proceedings for violating a court's order under section 16.1-278.4. 971
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d. Children in Need of Supervision (CHINSup). A child in need of supervision is defined as one who is habitually truant without justification, provided the child has been offered an adequate opportunity to receive the benefit of any and all required educational services that meet the child's particular needs and the school system has made a reasonable effort to effect the child's regular attendance without success or the child is a habitual runaway from either home or a residential care facility without consent or authority and such conduct presents a clear and substantial danger to the child's life or health, the child or family is in need of treatment, rehabilitation, or services not presently received, and the court's intervention is essential to provide the services. 972 A child in need of supervision is not considered delinquent.
e. Status Offenders. Status offense jurisdiction covers a child who commits an act prohibited by law that would not be a crime if committed by an adult, such as tobacco possession or curfew violations. 973
f. Traffic Infractions and Driver's Licenses. Despite the recommendation of the Virginia Advisory Legislative Council Juvenile Code Revision Subcommittee that jurisdiction over traffic matters be removed from juvenile court jurisdiction, the General Assembly rejected this view. A 1981 amendment removed traffic infractions from the definition of delinquency and incorporated by reference the definition of a traffic infraction found in section 46.2-100 of the Virginia Code, or those violations of chapters 1 through 3 of title 46.2, or ordinances enacted thereunder, that are not expressly defined as a felony or misdemeanor, or not punishable by incarceration or by a fine of more than $250. 974 Such infractions are punishable in the juvenile court by the imposition of only those penalties that may be imposed on an adult. 975 However, many courts use their wide grant of authority to consider equitable dispositions, such as community service or driver improvement courses for juvenile traffic infractions. The judge also has responsibility for the physical delivery of driver's licenses issued to minors and the conduct of a "formal, appropriate ceremony." 976
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g. Abuse and Neglect. The court has jurisdiction over matters...
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