16.1-345.3 - Monitoring mandatory outpatient treatment; motion for review.
§ 16.1-345.3. Monitoring mandatory outpatient treatment; motion for review.
A. The community services board where the minor resides shall monitor theminor's compliance with the mandatory outpatient treatment plan ordered bythe court pursuant to § 16.1-345.2. Monitoring compliance shall include (i)contacting the service providers to determine if the minor is complying withthe mandatory outpatient treatment order and (ii) notifying the court of theminor's material noncompliance with the mandatory outpatient treatment order.Providers of services identified in the plan shall report any materialnoncompliance to the community services board.
B. If the community services board determines that the minor materiallyfailed to comply with the order, it shall file with the juvenile and domesticrelations district court for the jurisdiction in which the minor resides amotion for review of the mandatory outpatient treatment order as provided in§ 16.1-345.4. The community services board shall file the motion for reviewof the mandatory outpatient treatment order within three business days ofmaking that determination, or within 24 hours if the minor is being detainedunder a temporary detention order, and shall recommend an appropriatedisposition. Copies of the motion for review shall be sent to the minor, hisparents, his attorney, and his guardian ad litem.
C. If the community services board determines that the minor is notmaterially complying with the mandatory outpatient treatment order or for anyother reason, and that because of mental illness, the minor (i) presents aserious danger to himself or others to the extent that severe or irremediableinjury is likely to result, as evidenced by recent acts or threats or (ii) isexperiencing a serious deterioration of his ability to care for himself in adevelopmentally age-appropriate manner, as evidenced by delusionary thinkingor by a significant impairment of functioning in hydration, nutrition,self-protection, or self-control, it shall immediately request that themagistrate issue an emergency custody order pursuant to § 16.1-340 or atemporary detention order pursuant to § 16.1-340.1.
D. If the community services board determines at any time prior to theexpiration of the mandatory outpatient treatment order that the minor hascomplied with the order and that continued mandatory outpatient treatment isno longer necessary, it shall file a motion to review the order with thejuvenile and domestic relations district court for the jurisdiction in whichthe minor resides. The court shall schedule a hearing and provide notice ofthe hearing in accordance with subsection A of § 16.1-345.4.
(2009, cc. 455, 555; 2010, cc. 778, 825.)