63.2-1517 - Authority to take child into custody. - Virginia Statutes

§ 63.2-1517. Authority to take child into custody.

A. A physician or child-protective services worker of a local department orlaw-enforcement official investigating a report or complaint of abuse andneglect may take a child into custody for up to 72 hours without priorapproval of parents or guardians provided:

1. The circumstances of the child are such that continuing in his place ofresidence or in the care or custody of the parent, guardian, custodian orother person responsible for the child's care, presents an imminent danger tothe child's life or health to the extent that severe or irremediable injurywould be likely to result or if evidence of abuse is perishable or subject todeterioration before a hearing can be held;

2. A court order is not immediately obtainable;

3. The court has set up procedures for placing such children;

4. Following taking the child into custody, the parents or guardians arenotified as soon as practicable. Every effort shall be made to provide suchnotice in person;

5. A report is made to the local department; and

6. The court is notified and the person or agency taking custody of suchchild obtains, as soon as possible, but in no event later than 72 hours, anemergency removal order pursuant to § 16.1-251; however, if a preliminaryremoval order is issued after a hearing held in accordance with § 16.1-252within 72 hours of the removal of the child, an emergency removal order shallnot be necessary. Any person or agency petitioning for an emergency removalorder after four hours have elapsed following taking custody of the childshall state the reasons therefor pursuant to § 16.1-251.

B. If the 72-hour period for holding a child in custody and for obtaining apreliminary or emergency removal order expires on a Saturday, Sunday, orlegal holiday or day on which the court is lawfully closed, the 72 hoursshall be extended to the next day that is not a Saturday, Sunday, or legalholiday or day on which the court is lawfully closed.

(1975, c. 341, § 63.1-248.9; 1977, c. 559; 1992, c. 688; 1994, c. 643; 1998,c. 760; 2001, c. 837; 2002, c. 747; 2003, c. 508.)