If you’re reading this, your teen may already be under a temporary detention order (TDO). Or you might be considering whether to petition for one yourself. Either way, it’s one of the hardest positions a parent can be in.
Confusing legal jargon only adds to the strain, making it difficult to understand what’s happening or what to expect next, right when you need clarity the most.
This page explains:
A temporary detention order is a legal order that keeps a young person in a psychiatric facility for a short time so they can be assessed and stabilized. In Virginia, a TDO for a minor falls under the Psychiatric Treatment of Minors Act, which applies to anyone under the age of 18.[1] Once a teen turns 18, the adult process applies instead.
A magistrate can only issue an adolescent TDO when an evaluation shows that, because of a mental illness, the young person meets the legal criteria.[1] The order may be issued when a teen:[1]
Virginia law states that a teen needs to meet either of the first two conditions, plus the third, to meet the criteria.[1]
If you’ve been researching this topic, you may have come across the term Emergency Custody Order (ECO), and while both are forms of psychiatric detention, they achieve different things. An ECO may come first and allows a teen to be taken to a facility for evaluation for up to eight hours.[1]
A TDO follows if the evaluation shows your teen meets the criteria, and it can last up to 96 hours before a court hearing.[1] Weekends, legal holidays, and court closures can extend this detention.
There are many stages before, during, and after a TDO has been issued, and if your teen is going through this, it’s important to understand how the process unfolds. Virginia’s teen mental health crisis laws set out each step.
A TDO usually starts with a petition from a parent or the teen’s treating physician, but if a parent can’t or won’t file, another responsible adult can petition instead.[1] A magistrate can also act on their own motion should it be necessary to do so.[1]
If your teen is 14 or older and refuses treatment, the law lets a parent apply for their admission without a TDO.[1] A willing facility can admit the minor for up to 120 hours, pending judicial review.
Before a TDO can be issued, someone from your local Community Services Board has to evaluate your teen, either in person or by video.[1] The person carrying out the evaluation will choose the facility where your teen will stay.[1]
The magistrate then decides whether to issue the order, taking into account your opinions as parents and that of any treating physician, if applicable.[1]
Once a TDO is issued, the magistrate names a law enforcement agency to transport your teen, but note that parents or another approved provider can provide this instead. If officers do provide transport, be aware that they may use handcuffs for safety reasons.[2] This may be upsetting to see, but it’s in place to ensure everyone in the situation is safe, including your teen.
Your teen may also need medical clearance first, which usually takes place in a hospital emergency room.[3]
TDO facilities in Virginia are inpatient psychiatric units or crisis stabilization units, and they have to be within the state.[3] If no beds can be found, the Commonwealth Center for Children and Adolescents can act as the state’s safety net hospital for eligible minors under a TDO.[4]
The hours after your teen is admitted can feel worrying and uncertain, especially if you can’t be with them. However, the facility they will be staying at must make a reasonable attempt to tell you where your teen is and how they’re doing in general.[1]
Visiting and phone policies can vary between facilities, so you may want to ask about:
During a Virginia TDO, mental health staff evaluate and treat your teen to stabilize them, with the aim being to avoid involuntary commitment where possible.[1]
Your teen may not need to stay for the full 96 hours, and a judge can release them to you before the hearing if the evidence shows they don’t meet the commitment criteria.[1] The facility can also release your teen if an evaluation by their treating psychiatrist or psychologist reaches the same conclusion.[1]
Mission Prep is here to help you or your loved one take the next steps towards an improved mental well-being.
If your teen is still under the TDO, the next step in Virginia’s mental health commitment process is a court hearing. It takes place at the juvenile and domestic relations district court, between 24 and 96 hours after the petition is filed or the TDO is issued, whichever is later.[1]
The hearing itself is closed to the public unless your teen and the petitioner ask for it to be open.[1] If you didn’t file the petition yourself, you should receive a copy of it along with notice of the hearing.[1]
At least 24 hours beforehand, the court appoints a lawyer and a guardian ad litem for your teen. The lawyer represents your teen and communicates their wishes during the proceedings.[1]
The guardian ad litem is also an attorney, but their role is to investigate the circumstances and recommend what they believe to be in your teen’s best interests. An independent evaluator will also submit a written report.[1]
On the day of the hearing, you can expect to see:[1]
Your firsthand account can directly influence the outcome. For example, the Fairfax-Falls Church CSB advises petitioners to focus on the teen’s recent behavior that they’ve personally witnessed.[2] What counts as recent varies between judges, and it could be within the past few days to the past few weeks.[2] Without this testimony, the petition may be dismissed.[2]
At the end of the hearing, the court may order one of several outcomes, including:[1]
Involuntary hospitalization for a teen in Virginia is only ordered if the judge finds, by clear and convincing evidence, that your teen meets the same criteria mentioned earlier.[1] If the parents your teen lives with don’t agree to commitment, the judge must also find it’s needed to protect your teen’s life, health, safety, or normal development.[1]
Mandatory outpatient treatment depends on both you and your teen (who is over the age of 14) agreeing to follow the treatment plan.[1]
Whatever the outcome of a TDO, Virginia teens and their families have mental health support available for the road ahead.
If your teen was admitted for inpatient treatment after a temporary detention order in Virginia, a discharge plan will be created with them to ensure that the next steps are clearly laid out.[1] The plan will name the services your teen needs, like extra treatment, and note the agencies that will be involved.1
Depending on their needs after discharge, teens who need more structure may continue to a psychiatric residential treatment facility (PRTF), which can be provided for by the state or privately sourced by you.[5] For more information on this, contact your local CSB or private mental health treatment providers.
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.
If your teen needs ongoing support after a hospital stay, or more intensive care than outpatient treatment can offer, support is available. At Mission Prep Teen Treatment, we offer 24-hour residential care for teens in state-licensed homes, run by compassionate licensed healthcare professionals.
Our locations in Virginia 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 sustainable healing.
We specialize in treating the following mental health challenges in teens:
Learn more about Mission Prep Teen Treatment and how we can help support you and your family by calling us at 866-901-4047. Our compassionate team is available 24/7 to answer your questions and provide guidance with no obligation.
You can also start the admissions process online.
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