Temporary Detention Order In Virginia

State:
Virginia
Control #:
VA-CC-022-05
Format:
PDF
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Description

A05 Order for Temporary Custody

A Temporary Detention Order (TO) in Virginia is a legal document that allows for the involuntary detention and examination of individuals believed to be a threat to themselves or others due to a mental illness. It provides the authority for law enforcement officers or designated mental health professionals to take individuals into custody for a limited period of time, usually up to 72 hours, so that a comprehensive mental health evaluation can be conducted. In Virginia, there are two main types of Temporary Detention Orders: 1. Emergency Custody Order (ECO): An ECO is issued when a mental health professional or magistrate determines that there is probable cause to believe a person is mentally ill and in need of immediate care or treatment. This order authorizes law enforcement to take the individual into custody and transport them to a designated facility for evaluation. 2. Temporary Detention Order (TO): A TO is issued after a thorough evaluation has been conducted by a mental health professional. It requires a finding of clear and convincing evidence that the individual meets the criteria for involuntary admission due to mental illness. If granted, the TO allows the individual to be detained in a mental health facility for a specified period, generally up to 48 hours, for further evaluation, treatment, or stabilization. Keywords: Temporary Detention Order, Virginia, involuntary detention, mental illness, law enforcement, mental health professionals, comprehensive evaluation, Emergency Custody Order, ECO, probable cause, immediate care, treatment, Temporary Detention Order, TO, clear and convincing evidence, involuntary admission, mental health facility, evaluation, treatment, stabilization.

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FAQ

1) A magistrate is authorized to issue a mental health ECO or TDO in the case of a minor of any age. 2) Minor in detention or shelter care. The scope of the authority includes a minor who is in detention or shelter care when the ECO or TDO is requested.

A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee or a designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to ...

A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee or a designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to ...

A TDO is issued in response to a request by a ?Petitioner,? or upon the Magistrate's own motion, and, except in rare circumstances, only after completion of an in-person assessment within the preceding 72 hours by a ?Certified Prescreener.? The Petitioner is ?any responsible person? or ?treating physician? and is the ...

In Virginia, a TDO allows a person to be hospitalized for 1?3 days. During that time, a hearing must be held to determine whether continued treatment is warranted.

More info

Involuntary temporary detention; issuance and execution of order. The process typically starts with the issuance of a Temporary Detention Order (TDO) and the scheduling of a Commitment Hearing.Temporary detention order (TDO): Va. Code § 19.2-169.6. 3) Conditionally released acquittees. 37.2-809. Involuntary temporary detention; issuance and execution of order. A second order, called a Temporary Detention Order (TDO), will be requested from a Magistrate. Emergency Custody Order –VA. May cause an Emergency Custody Order (ECO) or Temporary Detention Order. (TDO) to be issued. Respondent. Temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication.

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Temporary Detention Order In Virginia