8.5 Physical and Mental Examinations and Competence

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

8.5 PHYSICAL AND MENTAL EXAMINATIONS AND COMPETENCE

8.501 Physical and Mental Examinations.³³ The court may have any child within its jurisdiction examined and treated by a physician or at a local mental health center. The Commissioner of Behavioral Health and Developmental Services will provide a list of appropriate mental health centers in the Commonwealth. If no appropriate mental health facility is available locally, the court may order the child to be examined and treated by a physician or psychiatrist or examined by a clinical psychologist. Upon written recommendation of a physician or psychiatrist, the court may send the child to a state mental hospital for not more than 10 days to obtain a recommendation for treatment. The child may not be held or cared for in a maximum

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security unit with adults alleged to be criminally insane, and the child should be kept separate and apart from such adults. However, the Commissioner of Behavioral Health and Developmental Services may place a juvenile who has been certified to the circuit court for trial as an adult pursuant to section 16.1-269.6 or section 16.1-270 or who has been convicted as an adult of a felony in the circuit court in a unit appropriate for the care and treatment of persons under a criminal charge when, in his or her discretion, that placement is necessary to protect the security or safety of other patients, staff, or the public. ³⁴

8.502 Temporary Placement with Department of Juvenile Justice. If a child is found to be delinquent for a committable offense, he or she may be placed in the temporary custody of the Department of Juvenile Justice for not more than 30 days for diagnostic assessment services after the adjudicatory hearing and before final disposition, on a space-available basis as determined by the department. ³⁵ In recent years, there has seldom been sufficient space available to allow a placement pursuant to this provision, although the enactment of the Children's Services Act ³⁶ makes that placement less necessary to secure an evaluation. If the child's parents are able to pay the costs of evaluation or treatment, they may be ordered to do so and, upon failure to obey that order, may be proceeded against as for contempt or nonsupport. ³⁷

8.503 Mental Competency. A juvenile who is mentally ill, mentally incompetent, or intellectually disabled should be dealt with on that basis rather than on the basis of delinquency or as a child in need of services or in need of...