TABLE OF CONTENTS

1 JUVENILE & DOMESTIC RELATIONS DISTRICT COURT manual TABLE OF CONTENTS Page i Office of the Executive Secretary Department of Judicial Services Rev. 4/21 TABLE OF CONTENTS Chapter 1 Judicial Administration .. 1-1 Virginia s Judicial System .. 1-1 Supreme Court of Virginia .. 1-1 Court of Appeals .. 1-1 Office of The Executive Secretary .. 1-2 Assistant Executive Secretary and Counsel .. 1-2 Court Improvement Program .. 1-2 Educational Services .. 1-2 Fiscal Services .. 1-3 Human Resources .. 1-3 Judicial Information 1-3 Judicial Planning .. 1-3 Judicial Services .. 1-3 Legal Research .. 1-4 Legislative and Public Relations .. 1-5 Magistrate Services .. 1-5 Virginia Courts .. 1-5 Circuit Courts .. 1-5 District 1-6 District Courts .. 1-7 Judicial Districts .. 1-7 Court Closed Computation of Time .. 1-12 Inclement Weather.

2 1-12 Judicial Emergency .. 1-13 Office Policies - Local .. 1-14 Separation of Employees Checklist .. 1-14 Volunteers .. 1-14 Pro Hac Vice .. 1-15 Public Records .. 1-17 Transparency .. 1-17 Copies .. 1-17 Strategic Planning .. 1-18 Pandemic Influenza Plan .. 1-18 - The Court Process .. 2-1 JUVENILE & DOMESTIC RELATIONS DISTRICT COURT manual TABLE OF CONTENTS Page ii Office of the Executive Secretary Department of Judicial Services Rev. 4/21 Introduction .. 2-1 Venue 2-3 Original Venue .. 2-3 Transfer of Venue .. 2-4 Venue of Proceedings Arising out of Chapter 5 of Title 20 ( 20-61 et seq.) .. 2-7 Appointment of Counsel and Guardians Ad Litem .. 2-7 Summary Description .. 2-9 Case Initiation .. 2-9 Pre-Trial Processes .. 2-10 Judicial Disqualification .. 2-11 2-11 Case Hearing, Judgment .. 2-12 Post-Trial Processes .. 2-14 Enforcement of 2-14 Case Closing.

3 2-14 Uniform Docketing and Case Preparation .. 2-14 Assign Case Numbers .. 2-15 Index Cases .. 2-15 File Case .. 2-15 Prepare Daily Docket Sheets .. 2-15 Chapter 3 Juvenile Delinquency Procedures .. 3-1 Case Procedures .. 3-1 Filing of a Petition or Issuance of a Warrant .. 3-1 Processing of a Child Taken into Immediate Custody .. 3-4 Clerk s Office Processing of the Petition or Warrant .. 3-7 Pre-Trial Procedures .. 3-8 Right to Representation by A Lawyer (Counsel) .. 3-9 Detention Hearing .. 3-11 Competency to Stand Trial .. 3-13 Subpoenas, Witness Summoning .. 3-16 Juvenile Felony .. 3-16 Time Limitations .. 3-38 Motions and Other Subsequent Pleadings .. 3-38 Miscellaneous Pre-Trial Proceedings .. 3-39 Trial Procedures .. 3-39 Adjudicatory Hearing .. 3-39 Disposition Hearing .. 3-42 JUVENILE & DOMESTIC RELATIONS DISTRICT COURT manual TABLE OF CONTENTS Page iii Office of the Executive Secretary Department of Judicial Services Rev.

4 4/21 Appeals .. 3-53 Post-Trial Actions When a Juvenile Committed to the Department of Juvenile Justice 3- 53 Post-Trial Procedures .. 3-54 Bond Forfeitures .. 3-55 Payment of Counsel .. 3-55 Violations of Court Orders .. 3-56 CCRE/Fingerprinting .. 3-56 Petition for Payment Agreement For Fines and Costs or Request to Modify Existing Agreement .. 3-61 Constitutionality of Statutes .. 3-63 JCMS Update .. 3-63 Registration on the Sex Offender and Crimes against Minors Registry .. 3-63 Miscellaneous Procedures .. 3-64 Animal Violations .. 3-64 Diversion Possession of Marijuana or Underage Possession of Alcohol .. 3-68 Tobacco Violations .. 3-68 - Juvenile Traffic and Misdemeanor Traffic Procedures .. 4-1 Introduction .. 4-1 Narrative Description .. 4-1 Pre- Trial Procedures .. 4-2 Case Initiation .. 4-2 General Provisions.

5 4-4 Accident Offenses Allowed by Statute to Be Prepayable .. 4-5 Dismissal by Compliance with Law Prior to Trial .. 4-6 Prepayment of Fines and Court Costs .. 4-7 In Person or by Telephone .. 4-7 By Mail .. 4-10 Withdrawal of Guilty Plea .. 4-11 Case Disposition .. 4-11 Trial Procedures .. 4-12 Trial in Juvenile s Absence .. 4-12 Parking Violations .. 4-13 Order to Complete Traffic School or Driver Improvement Clinic .. 4-13 Suspension of License .. 4-14 Restricted Driver s License (RDL) Upon a Conviction of Reckless Driving or Aggressive Driving .. 4-14 Dismissal by Compliance with Law at Trial .. 4-15 JUVENILE & DOMESTIC RELATIONS DISTRICT COURT manual TABLE OF CONTENTS Page iv Office of the Executive Secretary Department of Judicial Services Rev. 4/21 Local License Violations .. 4-16 Right to Counsel .. 4-16 Return of Vehicle - Parking in a Space Reserved For Persons with Disabilities.

6 4-16 Appeals .. 4-16 Payment Procedures .. 4-17 Payment Procedures for Payment within Thirty Days of Sentencing .. 4-17 Deferred, Modified Deferred, Installment Payments or Community Service .. 4-17 Claims of Inability to Pay Fines and Costs .. 4-18 Local License Violations - Special Conditions .. 4-20 Post-Trial Procedures .. 4-20 Notices to the Department of Motor Vehicles (DMV) .. 4-20 Unpaid ( Bounced ) Checks or Dishonored Credit/Debit Card Payments .. 4-21 Driving While Intoxicated (DWI) .. 4-22 Administrative Suspension of Driver s License .. 4-22 Clerk s Office Processing of the Administrative Suspension .. 4-23 Trial Matters .. 4-25 Sentencing Options .. 4-26 Refusal to Give Blood or Breath Sample .. 4-28 Virginia Alcohol Safety Action Program (VASAP) Participation .. 4-29 Driver s License Actions .. 4-32 Impoundment.

7 4-36 Restricted Driver s License (Administrative, Driving Suspended) .. 4-37 Petition for Restricted Driver s License Pursuant to .. 4-37 Petition for Restricted Driver s License Pursuant To (E) .. 4-38 Chapter 5 - Chins/Chinsup, Abuse, Neglect and Foster Care Case Procedures .. 5-1 Children in Need of Services, Children in Need of Supervision and Status Offenses .. 5-1 Definitions .. 5-1 Case Initiation .. 5-2 Abuse, Neglect, Relief of Custody, Entrustment, Foster Care, Termination of Parental Rights and Voluntary Continuing Services .. 5-13 Emergency Removal Hearing and Preliminary Removal Hearings .. 5-13 Preliminary Protective Proceedings .. 5-34 Petition by Custodian for Relief of Custody .. 5-51 Petition for Approval of Entrustment Agreement .. 5-65 Foster Care and Permanency Planning .. 5-75 Termination of Residual Parental Rights.

8 5-116 Reversal of Voluntary Terminations of Parental Rights .. 5-132 JUVENILE & DOMESTIC RELATIONS DISTRICT COURT manual TABLE OF CONTENTS Page v Office of the Executive Secretary Department of Judicial Services Rev. 4/21 Restoration of Parental Rights .. 5-133 Petition for Approval of Voluntary Continuing Services and Support Agreement (Fostering Futures Program) .. 5-135 Foster Care Youth Committed to DJJ And Returning to the Custody of DSS .. 5-135 Post DJJ Commitment Foster Care Youth Released Prior to Attaining 18 Years of Age . 5-135 Post DJJ Commitment Foster Care Youth Released After Attaining 18 Years of Age .. 5-137 - Juvenile Civil Procedures .. 6-1 Consent for Adoption .. 6-1 Overview .. 6-1 Requirements for Consent to Adoption .. 6-1 Clerk s Procedures .. 6-3 Custody, Parenting Time and Visitation.

9 6-7 Case Initiation .. 6-8 6-11 Trial 6-12 Motions to Modify .. 6-14 Military Deployment .. 6-14 Servicemembers Civil Relief Act Requirements for Default Judgment .. 6-14 Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) .. 6-16 Mediation/Educational Seminars/Investigations & 6-18 Appeals .. 6-22 Special Immigrant Juvenile Status .. 6-22 Paternity .. 6-23 Parentage Determinations .. 6-23 Blood Tests as Evidence Regarding Paternity .. 6-23 Voluntary Acknowledgment of Paternity .. 6-24 Judicial Authorization of Abortion (Judicial Bypass Proceedings) .. 6-24 Case Initiation .. 6-25 Right to Counsel .. 6-26 Confidentiality and Notice of Hearing .. 6-26 Hearing .. 6-27 Appeal .. 6-27 Involuntary Mental Commitments .. 6-28 Overview .. 6-28 Involuntary Commitment for Juvenile (Not Objecting) .. 6-30 JUVENILE & DOMESTIC RELATIONS DISTRICT COURT manual TABLE OF CONTENTS Page vi Office of the Executive Secretary Department of Judicial Services Rev.

10 4/21 Involuntary Commitment by Emergency Admission-Magistrate Issued .. 6-33 Involuntary Commitment by Emergency Admission-Judge Issued .. 6-35 Mandatory Outpatient Treatment for Juveniles Review Hearings .. 6-36 Emancipation of Minors .. 6-41 Standby Guardians .. 6-42 Appointment of Standby Guardian Prior to the Triggering Event .. 6-42 Court Approval of a Written Designation of a Standby Guardian .. 6-44 Revocation, Refusal, Termination of Standby Guardianship .. 6-45 Review of Standby Guardian .. 6-46 Testing for HIV (Human Immunodeficiency Virus) or Hepatitis B or C Viruses .. 6-46 Custody/Visitation-Remanded from Circuit Court Divorce Order .. 6-46 - Adult Criminal Case Procedures .. 7-1 Introduction .. 7-1 Narrative Description .. 7-2 Pre-Court Procedures Flow Chart .. 7-5 Post Court Procedures .. 7-6 Case Initiation.