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Virginia Emergency Child Custody Order Form For Physicians
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The person asking for the emergency custody order must ask the court to call for the child's current guardian. The person who asked for the emergency custody order waits for the court to decide a date for a full hearing to judge the case.
A magistrate may issue a medical emergency custody order if an adult has an illness or injury that is likely to result in imminent and irreversible harm and refuses transport to a hospital or other emergency treatment and, as a result of illness or injury, is incapable of giving informed consent to medical treatment.
Court proceedings usually begin with an Emergency Custody Order (ECO) issued by a magistrate or called in by a police officer. An ECO is usually effective for up to 8 hours. Before the ECO expires, a magistrate must issue a longer-term Temporary Detention Order (TDO), or the respondent is likely to be released.
Based upon the opinion of a licensed physician that an adult person is incapable of making an informed decision as a result of a physical injury or illness and that the medical standard of care indicates that testing, observation, and treatment are necessary to prevent imminent and irreversible harm, a magistrate may ...