Do the new MOT laws apply to juveniles?
The new mandatory outpatient treatment provisions of 2008 SB 246 and HB499 (Chap. 850/Chap. 870) do not address juveniles. However, 16.1 -345(3) of the Psychiatric Inpatient Treatment of Minors Act states that if a court finds that inpatient treatment is not the least restrictive treatment, the court may order the minor to participate in outpatient or other clinically appropriate treatment. Given that further procedural specificity is not provided here, CSBs and judicial officials in each locality should confer to work out mandatory outpatient treatment procedures for minors. The new provisions for MOT for adults under 37.2-817 are a useful model for developing and implementing MOT orders for minors. QUESTION : 37.2-813 states that a minor can be released prior to a commitment hearing by a juvenile and domestic relations district court judge. Does this mean that a minor can not be released by a special justice or the director of the facility to which the person has been detained? ANSWE
