When a child or teen becomes seriously unwell with a psychiatric disorder, it can be incredibly upsetting and stressful. Not only are you coping with the distress of their symptoms, but you may also need to navigate mental health laws in Virginia.
If a minor is extremely unwell and a risk to themselves or others, hospital treatment may be needed to keep them safe. But the law on teen involuntary hospitalization in Virginia is complicated if you don’t have a legal or psychiatric background. If your teen is thinking or talking about suicide or harming themselves, call or text 988, and call 911 if someone is in danger right now.
The rules on involuntary commitment for minors in Virginia set out who makes these decisions and how long treatment can last. To help, this article will explore:
Please note: The information on this page is for informational purposes only and does not constitute legal advice. If you have questions about the involuntary mental health commitment laws for minors in Virginia, please consult a qualified attorney regarding your specific situation.
Involuntary psychiatric commitment is when a judge orders someone into treatment. The person may be observed, diagnosed, or treated for a mental health condition in a psychiatric hospital or a similar mental health facility.[1]
Patients who are committed involuntarily usually have restrictions on their freedom while they’re in treatment.[1]
The state of Virginia has its own processes for admitting minors into psychiatric care involuntarily, set out in the Virginia Psychiatric Treatment of Minors Act. The Act applies to anyone under 18 and includes rules on:
A minor can only be committed involuntarily in Virginia if a judge concludes there is clear and convincing evidence that due to a mental illness, the minor is:[1][2]
The minor must also meet the criteria for having a mental illness. In Virginia law, this means a cognitive or emotional disorder which significantly impairs the minor’s judgment, ability to recognize reality, or control their own actions. This legal definition can include substance use disorder.[1]
The process often starts before any hearing, with an emergency custody order (ECO) from a magistrate. An ECO lets the minor be taken for an evaluation, and it usually lasts no more than eight hours. If the evaluation supports it, a magistrate can then issue a temporary detention order (TDO). A TDO can usually hold the minor in a facility for up to 96 hours before the hearing.
In Virginia, the decision on commitment is made at a civil commitment hearing. Here, a judge will consider a range of evidence and expert opinions, and decide where and for how long the minor will be committed.[3]
Here’s what you can expect:
At the hearing, the judge will consider:[1]
If the judge finds that the legal criteria above are met, they can order up to 90 days of inpatient treatment.[1][3]
However, this isn’t the only outcome of a civil commitment hearing.
There are a few possible outcomes that a judge may order:[3]
Judges in Virginia have to consider what’s known as the least restrictive alternative when they order mental health treatment. This is treatment that’s no more restrictive than necessary to give real therapeutic benefit or to protect the minor or others from physical injury.[1][2]
For instance, if a minor could receive appropriate and effective outpatient treatment, an inpatient hospitalization would be too restrictive. In this case, a judge would order mandatory outpatient treatment, as it would substantially benefit the minor and cause the least restriction on their freedom.[1][2]
When deciding this, the judge will look at the minor’s mental state, risk of physical injury to themselves and others, and the treatments available.[1][2]
Once a judge orders a teen psychiatric hospitalization in Virginia, they’ll also decide how the teen gets to the facility. They’ll consider the opinions of the teen’s mental health professional and any community services board staff that have been involved. Depending on the teen’s risks and the location of the sheriff’s office, they might be transported by:[2]
The judge will ensure that the transportation method is safe and that it occurs within 6 hours of the sheriff or driver being told about the order.[2]
Once the minor’s order for involuntary commitment expires (whether that’s 90 days or less), they’ll be released. However, they could also be committed again. Virginia courts can order another involuntary commitment that lasts up to 90 days if the minor still meets the legal criteria. Each new order needs a new petition.[1][2]
Alternatively, the commitment may no longer be involuntary. Some minors start to feel better and accept that they need psychiatric treatment. If the minor or their parent drops their objection to inpatient treatment and consents to admission, the minor can stay on under the voluntary admission rules.[1]
When the inpatient order ends, the judge may order the teen to enter mandatory outpatient treatment. They do this if outpatient treatment could provide enough support and staying in inpatient treatment would be excessively restrictive.[1]
Mission Prep is here to help you or your loved one take the next steps towards an improved mental well-being.
Involuntary commitment for minors in Virginia may lead to a range of psychiatric treatment depending on your teen’s specific symptoms and condition. Inpatient stays usually involve close monitoring and several types of therapy. Teens may receive medication, attend group and individual therapy, and be invited to engage in recreational activities.
Though the treatment is involuntary, those receiving psychiatric treatment are still entitled to respect and dignity, and providers should let them take part in decisions where possible. This could mean allowing teens to choose their:[4]
In general, involuntary treatment starts by getting the crisis under control and then moves on to longer-term goals.[4]
Take a tour of our teen residential mental health facilities located in Virginia. Our locations offer peace & comfort within a residential environment where teenagers, aged 12-17, can relax and focus on themselves.
Our well-appointed facilities are located in Waterford & Leesburg and serve communities in Northern Virginia, DC and Maryland.
Additionally, we offer both in-person and virtual outpatient services in Virginia for full support after leaving residential.
Involuntary commitment for minors in Virginia may mean that you don’t get to choose between facilities. However, you can make a plan for your teen once they’re released.
When your teen’s court-ordered treatment ends, they may wish to continue getting supportive care elsewhere. At Mission Prep Teen Treatment, we offer residential mental health treatment for teens in Virginia. Our expert clinicians use evidence-based therapeutic approaches and innovative interventions to foster sustainable change for adolescents and their families.
Our residential stays include gender-specific housing, transportation, and outings. Residents can also take part in sessions for yoga, gardening, skateboarding, and many more enriching activities. Therapeutic treatment includes two individual therapy sessions per week, as well as one family therapy session and two clinical mentor sessions.
Our Virginia locations are an important part of the treatment process at Mission Prep Teen Treatment. We maintain modern and welcoming homes where teens are able to develop and practice strategies that help lay the foundation for long-term healing.
We specialize in guiding the whole family through mental health treatment, so your family can plan the next step together after a court-ordered stay. Mission Prep Teen Treatment accepts insurance and is in-network with most major providers. We are happy to help you check your insurance coverage for mental health care.
Learn more about our admissions process online or call 866-901-4047 to speak with a caring member of our team who can answer any questions you might have. Reach out for a free, no-obligation conversation.
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Yes, parents can initiate the commitment process in Virginia if they are seriously concerned about their teen’s mental health. You may request an emergency custody order (ECO) from the magistrate’s office and fill out a Petition for Involuntary Admission for Treatment. This would begin the process of evaluation.[3]
In most cases, the facility your teen is sent to will be chosen by the local community services board (CSB). Involuntary treatment for adolescents is typically at a local hospital that accepts juvenile patients, but not always. The decision will depend on insurance coverage and bed availability.[5]
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