Virginia Teen Mental Health Laws:
Emergency Custody Orders & Temporary Detention Orders
Emergency custody orders (ECOs) and temporary detention orders (TDOs) are teen psychiatric laws in Virginia. They allow professionals to step in quickly when a teen struggling with their mental health is at serious risk of harming themselves or others. These laws exist to protect your child, but they become quite frightening if you’re not familiar with how they work.
As a parent, you would naturally want to be involved in every decision when it comes to your child’s well-being. Understanding how ECOs and TDOs work eliminates fear and helps you advocate for your teen. You also know what to expect if your child is ever in crisis.
On this page, we explain what Virginia mental health laws for teens are, what they mean, when they’re used, and what your rights are as a parent.
What Are Emergency Custody Orders and Temporary Detention Orders?
An emergency custody order is a short-term legal order that lets authorities take your child into police custody and bring them to a mental health professional for evaluation.1 It is issued when a school counselor, doctor, police officer, or parent believes that a child may be a danger to themselves or others. Or, the child might be unable to care for themselves because of a mental illness.
It’s not an arrest, nor does it mean your child is in legal trouble. Instead, the order serves as a safety protocol for urgent mental health treatment.
An ECO lasts no more than eight hours. By the end of those eight hours, one of the following three things happens:
- A temporary detention order is issued.
- The teen is released.
- The ECO expires.
A magistrate can issue a temporary detention order only after an in-person or video assessment by a Community Services Board (CSB) evaluator.
A TDO allows for temporary admission to a psychiatric facility, even against a child’s will. Again, this is done for the teen’s safety, and it requires a formal petition and judicial review. A TDO lasts up to 72 hours, excluding weekends and holidays. As an example, if it starts on a Friday, your child will be held until Tuesday. During the TDO, a hearing is scheduled to determine if longer-term hospitalization is necessary (called an involuntary commitment hearing).2
Differences Between ECOs and TDOs
The main difference between the two orders is that ECOs get your teen evaluated in a crisis, while TDOs place them in a facility when more serious care is needed.
Here is a quick breakdown:
Emergency Custody Orders
- Issued by a magistrate (on a petition by a parent/physician or on own motion) or court.
- The purpose is to provide an immediate evaluation to determine the teen’s mental health needs.
- Duration is 8 hours.
- The triggering criteria is a probable cause of serious harm risk or inability to provide self-care.
- The outcomes are being released, letting it expire, or converting it into a TDO.
Temporary Detention Orders
- Issued by a magistrate (on petition) after a Community Services Board evaluation.
- The purpose is to temporarily detain the teen for further observation and treatment after evaluating their mental health needs.
- Duration is 72 hours (extended by weekends/holidays until the next business day).
- The triggering criteria are the same as an ECO, plus a formal evaluation confirming the criteria.
- The outcomes are either a commitment hearing for involuntary inpatient admission or release under § 37.2-813.
When Can a Teen Be Hospitalized Against Their Will?
Virginia law doesn’t let hospitals admit a child on a whim. Involuntary hospitalization for minors happens only when strict, step-by-step criteria are met.
To produce an emergency custody order, for example, the magistrate must find all of these points to be true:
- The teen shows signs of a mental illness.
- There’s probable cause that they might seriously harm themselves or others. Or, they can’t meet basic self-care needs (e.g., eating or staying sheltered).
- Immediate hospitalization or treatment is necessary.
- They have refused or are unable to agree to help.
If an evaluator confirms the same dangers and needs for treatment, the magistrate will issue a TDO. To do that, the court must again see that:
- The teen has a mental illness with a substantial likelihood of serious self-harm or harm to others (or can’t meet basic self-care needs).
- Inpatient treatment is necessary to prevent that harm.
- The teen is unwilling or unable to volunteer for treatment.
For any stay beyond 72 hours, for example, up to 90 days under the Psychiatric Treatment of Minors Act, a judge or special justice must hold a commitment hearing.3 At that hearing, they look for clear and convincing evidence of all the following:
- Because of mental illness, the teen poses a serious danger to themselves or others, or cannot care for basic needs in an age-appropriate way (like experiencing severe weight loss or dehydration).
- Inpatient treatment is necessary and likely to help them.
- No less restrictive outpatient options will work.
In such situations, even if a child is not willing to stay hospitalized, the court can still order involuntary treatment to protect their life, health, safety, or normal development.
The ECO Process for Teens in Virginia
Here’s exactly how an ECO for minors works:
- A “responsible person” presents a sworn statement. The statement states your teen shows signs of mental illness, is likely to hurt themselves or others, can’t meet basic needs, needs inpatient care, and won’t (or can’t) agree to get help voluntarily.
- A magistrate weighs the child’s past mental health treatment, recommendations from physicians or psychologists, any relevant medical records, and affidavits or reliable hearsay.
- The magistrate signs the ECO and includes authorization to share key medical records.
- The ECO spells out which local police department or sheriff’s office will take your teen into custody.
- If you or the Community Services Board nominates a trained friend, family member, or crisis-center evaluator to safely drive your child instead, the magistrate can approve that person instead of uniformed officers.
- Once an officer (or approved transporter) picks up your teen, they have up to eight hours to hand them off to a CSB-designated evaluator.
- Officers can cross county lines anywhere in Virginia to execute the order, and any emergency medical checks en route are covered under state and federal law.
- A certified Community Services Board evaluator trained in teen mental health crises runs a clinical assessment immediately upon arrival. The evaluator then sends the signed ECO back to the issuing court electronically or by fax.
- If the child isn’t picked up or no follow-up order (a TDO) drops within eight hours, the ECO automatically expires and must be returned unexecuted. However, if the evaluator confirms continued risk, you’ll see a TDO that secures up to 72 more hours for treatment arrangements.
Transitioning From an ECO to a TDO
Once signed, a TDO empowers law enforcement officers to keep custody of the child and deliver them to the designated facility for court-ordered psychiatric treatment for minors.
The evaluator names the initial hospital with a psychiatric emergency department or approved mental health center where your teen is headed. Local police (or your approved alternative transporter) have 24 hours to bring your teen to that facility.
If that facility can’t accept the child for any reason, for instance, they’re at capacity, the CSB evaluator picks an alternative facility. They file a quick written notice to the court, and the TDO shifts to the new location.
If officers don’t execute the TDO within 24 hours, it expires and goes back to the clerk unserved, though you can refile the original petition within 96 hours.
The temporary detention order process in Virginia holds your child for no more than 48 hours before they must be in front of a judge. Weekends or holidays push the deadline to the next business day. At the hearing, the court decides if the child needs longer inpatient care (up to 90 days) or can step down to outpatient treatment and go home.
Legal Rights During ECOs and TDOs
It is natural to feel you’ve lost all control when your teen is suddenly swept into an ECO or TDO. Virginia law, however, offers you several legal rights. The moment your child lands in custody, you receive a written summary that explains how the order works and what legal protections apply.
Parental Rights and Responsibilities During ECOs and TDOs
In Virginia, whenever your teen is under an ECO or TDO, the law states that you, as their parent or legal guardian, get to stay by their side.
For the assessment, if you’d rather take them to the hospital yourself than have the police do it, ask the magistrate to approve you (or another trained friend) as the transporter.
The certified evaluator or ER clinician must let you stay with your teen during the face-to-face check-in, unless your child asks you not to or your presence causes a medical, clinical, or safety risk.
Teens’ Rights in Mental Health Treatment
Any time your teen steps into a state‐licensed mental health program, Virginia law guarantees them fair, humane care. Under § 37.2-400(A), teens should:4
- Keep all their legal rights under state and federal law.
- Get prompt, explained evaluation and treatment.
- Be treated with dignity, free from abuse or neglect.
- Never be part of experimental research without their (or your) written consent.
- Stay in the least restrictive setting possible.
- Send and receive sealed mail, view their own records, and have their confidentiality respected.
- Have an impartial review if any right is denied.
Good mental health care also means trauma-informed treatment. Virginia’s Department of Behavioral Health defines it as recognizing past trauma, avoiding retraumatization, and focusing on six principles. These principles are safety; trust and transparency; peer support; collaboration; empowerment and choice; and respect for cultural and historical factors. 5
If you ever feel like your teen’s rights are being violated, § 37.2-400(A)(9) gives you “the right to an impartial review of violations” and access to legal counsel. You can raise the issue with the facility’s Human Rights Advocate or program director, or file a formal complaint with your Local Human Rights Committee (LHRC). If your concerns remain unresolved, you have the right to take your complaint to the Office of Human Rights in Richmond (804-786-3921) for a formal investigation.
Get Your Teen Compassionate Mental Health Support at Mission Prep
At Mission Prep, we understand that when a teen is in crisis, they and their families need long-term, compassionate support. Our residential mental health treatment center in Virginia is built in compliance with Virginia laws on mental health crisis intervention.
Our gender-specific, six-bed homes create a supportive atmosphere where teens feel seen and safe. We offer individualized treatment, trauma-informed care, and a full spectrum of therapeutic services including cognitive behavioral therapy, dialectical behavior therapy, EMDR, and art therapy.
Each child receives two individual therapy sessions, family therapy, and dedicated clinical mentorship every week. And because teens don’t heal in isolation, we also provide daily group therapy, nutrition support, yoga, fitness training, and creative outlets like Rock to Recovery and gardening.
If your teen needs more than a temporary fix, call Mission Prep today at (866) 649-1223 or get started online.
References
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Virginia General Assembly. (2019). § 37.2-808. Emergency custody; issuance and execution of order. Code of Virginia. https://law.lis.virginia.gov/vacode/title37.2/chapter8/section37.2-808/
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Virginia General Assembly. (n.d.). § 37.2-809. Involuntary temporary detention; issuance and execution of order. Code of Virginia. https://law.lis.virginia.gov/vacode/title37.2/chapter8/section37.2-809/
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Virginia General Assembly. (2023). Code of Virginia – Article 16. Psychiatric Treatment of Minors Act. Code of Virginia. https://law.lis.virginia.gov/vacodefull/title16.1/chapter11/article16/
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Virginia General Assembly. (2024). § 37.2-400. Rights of individuals receiving services. Code of Virginia. https://law.lis.virginia.gov/vacode/title37.2/chapter4/section37.2-400/
- Department of Behavioral Health and Developmental Services. (n.d.). Trauma informed care. Commonwealth of Virginia. https://dbhds.virginia.gov/behavioral-health/office-of-child-and-family-services/trauma-informed-care/
