Virginia HB 1115: Juvenile justice; human trafficking screening.

Bill Text

2022SESSION
INTRODUCED
22104219D
1 HOUSEBILLNO.1115
2 OfferedJanuary12,2022
3 A BILL to amend and reenact §§ 16.1-275 and 66-18 of the Code of Virginia, relating to juvenile
4 justice; human trafficking screening.
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Patrons––Mundon King, Kory, Avoli, Clark, Convirs-Fowler, Glass, Maldonado, McQuinn, Plum,
Rasoul, Scott, D.L., Shin, Simon, Simonds, Watts and Willett
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7 ReferredtoCommitteeforCourtsofJustice
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9 Be it enacted by the General Assembly of Virginia:
10 1. That §§16.1-275 and 66-18 of the Code of Virginia are amended and reenacted as follows:
11 §16.1-275. Physical and mental examinations and treatment; nursing and medical care.
12 The juvenile court or the circuit court may cause any juvenile within its jurisdiction under the
13 provisions of this law to be physically examined and treated by a physician or to be examined and
14 treated at a local mental health center. Such examinations shall include trauma-informed screening
15 measures to identify whether the juvenile has been a victim of human trafficking and determine
16 appropriate treatment and service options. If no such appropriate facility is available locally, the court
17 may order the juvenile to be examined and treated by any physician or psychiatrist or examined by a
18 clinical psychologist. The Commissioner of Behavioral Health and Developmental Services shall provide
19 for distribution a list of appropriate mental health centers available throughout the Commonwealth. Upon
20 the written recommendation of the person examining the juvenile that an adequate evaluation of the
21 juvenile's treatment needs can only be performed in an inpatient hospital setting, the court shall have the
22 power to send any such juvenile to a state mental hospital for not more than 10 days for the purpose of
23 obtaining a recommendation for the treatment of the juvenile. No juvenile sent to a state mental hospital
24 pursuant to this provision shall be held or cared for in any maximum security unit where adults
25 determined to be criminally insane reside; the juvenile shall be kept separate and apart from such adults.
26 However, the Commissioner of Behavioral Health and Developmental Services may place a juvenile
27 who has been certified to the circuit court for trial as an adult pursuant to § 16.1-269.6 or 16.1-270 or
28 who has been convicted as an adult of a felony in the circuit court in a unit appropriate for the care and
29 treatment of persons under a criminal charge when, in his discretion, such placement is necessary to
30 protect the security or safety of other patients, staff or the public.
31 Whenever the parent or other person responsible for the care and support of a juvenile is determined
32 by the court to be financially unable to pay the costs of such examination as ordered by the juvenile
33 court or the circuit court, such costs may be paid according to procedures and rates adopted by the
34 Department from funds appropriated in the general appropriation act for the Department.
35 The juvenile court or the circuit court may cause any juvenile within its jurisdiction who is found to
36 be delinquent for an offense that is eligible for commitment pursuant to subdivision A 14 of
37 § 16.1-278.8 or § 16.1-285.1 to be placed in the temporary custody of the Department of Juvenile
38 Justice for a period of time not to exceed 30 days for diagnostic assessment services after the
39 adjudicatory hearing and prior to final disposition of his or her case. Prior to such a placement, the
40 Department shall determine that the personnel, services and space are available in the appropriate
41 correctional facility for the care, supervision and study of such juvenile and that the juvenile's case is
42 appropriate for referral for diagnostic services.
43 Whenever a juvenile concerning whom a petition has been filed appears to be in need of nursing,
44 medical or surgical care, the juvenile court or the circuit court may order the parent or other person
45 responsible for the care and support of the juvenile to provide such care in a hospital or otherwise and
46 to pay the expenses thereof. If the parent or other person is unable or fails to provide such care, the
47 juvenile court or the circuit court may refer the matter to the authority designated in accordance with
48 law for the determination of eligibility for such services in the county or city in which such juvenile or
49 his parents have residence or legal domicile.
50 In any such case, if a parent who is able to do so fails or refuses to comply with the order, the
51 juvenile court or the circuit court may proceed against him as for contempt or may proceed against him
52 for nonsupport.
53 §66-18. Examination and placing of such children.
54 The Department shall make a careful physical and mental examination of every child committed to it
55 by the courts, investigate the personal and family history of the child and his environment, and place
56 such chil