Emergency Services for Individuals in Crisis

Emergency Custody Order (ECO)

An individual may be taken into emergency custody by law enforcement based on the officer’s observations, reports from reliable witnesses, or a petition submitted to a magistrate for a Temporary Detention Order (TDO) evaluation. Emergency Custody Orders (ECOs) are valid for eight hours. Magistrates can either issue an ECO or decline to do so if the petition does not meet the criteria outlined in the Virginia Code.

§ 37.2-808. Emergency custody; issuance and execution of order.

Involuntary Temporary Detention Order (TDO)

Once an evaluation is completed, a magistrate may issue a Temporary Detention Order (TDO) based on a petition that meets the criteria outlined in the Virginia Code. A TDO may last up to 72 hours, unless it expires on a weekend, holiday, or another day when the court is closed. In such cases, the order may be extended to the next day the court is open.

§ 37.2-809. Involuntary temporary detention.

Alternative Transportation

A magistrate issuing a Temporary Detention Order (TDO) will specify the law enforcement agency responsible for executing the order and providing transportation. The magistrate can also authorize transportation by an alternative provider, such as a family member, community services board (CSB) representative, or trained personnel, if they are available and capable of safely transporting the individual.

Local CSB emergency services workers can request alternative transport from their local magistrate, who may issue an Alternative Transportation Order if they determine the person is suitable for this option instead of law enforcement. DBHDS has contracts with Allied Universal and Steadfast Security to provide custody and transport services for individuals under a TDO. Alternative transportation services are available statewide, 24 hours a day, 365 days a year.

Code of Virginia regarding Alternative Transportation.

Visit the CSB/BHA directory to find alternative transportation services in your area.

Facility Admission Criteria

Any person alleged to have a mental illness to a degree that warrants treatment in a facility may be admitted to a facility by compliance with one of the following admission procedures:

• Voluntary admission
• Admission of incapacitated persons pursuant to § 37.2-805.1
• Involuntary admission by the procedure described in § 37.2-809 through §37.2-820
• https://law.lis.virginia.gov/vacode/title37.2/chapter8/section37.2-801/

More information regarding Facility Admission Procedures.

Emergency Custody Order (ECO)

A magistrate can issue an Emergency Custody Order for a minor if there is probable cause to believe the minor, due to mental illness, poses a danger to themselves or others, or is unable to care for themselves properly. This order can be requested by the minor’s treating physician, parent, a responsible adult, or the magistrate. The order must include medical records disclosure and provide specific information as required by law.

Virginia Code for Emergency Custody Orders for Youth.

Involuntary Temporary Detention Order (TDO)

If a minor aged 14 or older objects to admission or cannot make an informed decision, they may be admitted to a willing facility for up to 120 hours if a parent applies. If the facility is a state hospital, the local community services board must provide a preadmission screening report and ensure all necessary findings, except for the minor’s consent, are completed before admission. A Temporary Detention Order (TDO) is not required in this case.

To view the below Codes of Virginia, click on the Code numbers.

§16.1-339 Parental admission of an objecting minor 14 years of age or older

§16.1-340.1 Involuntary temporary detention; issuance and execution of order

Alternative Transportation

A magistrate issuing a Temporary Detention Order (TDO) will specify the law enforcement agency responsible for executing the order and providing transportation. The magistrate can also authorize transportation by an alternative provider, such as a family member, community services board (CSB) representative, or trained personnel, if they are available and capable of safely transporting the individual.

Local CSB emergency services workers can request alternative transport from their local magistrate, who may issue an Alternative Transportation Order if they determine the person is suitable for this option instead of law enforcement. DBHDS has contracts with Allied Universal and Steadfast Security to provide custody and transport services for individuals under a TDO. Alternative transportation services are available statewide, 24 hours a day, 365 days a year.

Code of Virginia regarding Alternative Transportation.

Visit the CSB/BHA directory to find alternative transportation services in your area.

Admission Procedures

Any minor alleged to have a mental illness that requires treatment in a facility may be admitted through one of the following admission procedures:

• Voluntary admission
• Admission of incapacitated persons
  • To view Code of Virginia § 37.2-805.1, click here.
• Involuntary admission
  • To view codes 16.1-338 through 16.1-348, click on the code numbers.