# Va. Code Ann. § 16.1-246: When and how child may be taken into immediate custody > Virginia · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-246 ## Section - **Citation:** Va. Code Ann. § 16.1-246 - **Heading:** When and how child may be taken into immediate custody - **Jurisdiction:** Virginia - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Virginia Code / Title 16.1 / Chapter 11 / Article 4 / Section 16.1-246 ## Text No child may be taken into immediate custody except: A. With a detention order issued by the judge, the intake officer or the clerk, when authorized by the judge, of the juvenile and domestic relations district court in accordance with the provisions of this law or with a warrant issued by a magistrate; or B. When a child is alleged to be in need of services or supervision and (i) there is a clear and substantial danger to the child's life or health, the safety of the child's family, or the safety of the public or (ii) the assumption of custody is necessary to ensure the child's appearance before the court; or C. When, in the presence of the officer who makes the arrest, a child has committed an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law and the officer believes that such is necessary for the protection of the public interest; or C1. When a child has committed a misdemeanor offense involving (i) shoplifting in violation of § 18.2-103 , (ii) assault and battery or (iii) carrying a weapon on school property in violation of § 18.2-308.1 and, although the offense was not committed in the presence of the officer who makes the arrest, the arrest is based on probable cause on reasonable complaint of a person who observed the alleged offense; or D. When there is probable cause to believe that a child has committed an offense which if committed by an adult would be a felony; or E. When a law-enforcement officer has probable cause to believe that a person committed to the Department of Juvenile Justice as a child has run away or that a child has escaped from a jail or detention home; or F. When a law-enforcement officer has probable cause to believe a child has run away from a residential, child-caring facility or home in which he had been placed by the court, the local department of social services or a licensed child welfare agency; or G. When a law-enforcement officer has probable cause to believe that a child (i) has run away from home or (ii) is without adult supervision at such hours of the night and under such circumstances that the law-enforcement officer reasonably concludes that there is a clear and substantial danger to the child's welfare; or H. When a child is believed to be in need of inpatient treatment for mental illness as provided in § 16.1-340 . Code 1950, § 16.1-194; 1956, c. 555; 1958, c. 344; 1974, cc. 585, 671; 1977, c. 559; 1978, cc. 643, 740; 1979, c. 701; 1981, c. 487; 1982, c. 683; 1985, c. 540; 1990, cc. 635, 642, 743, 744, 975; 2002, c. 747 ; 2026, c. 873 . ## Nearby sections - [Va. Code Ann. § 16.1-246 When and how child may be taken into immediate custody](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-246.md) - [Va. Code Ann. § 16.1-247 Duties of person taking child into custody](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-247.md) - [Va. Code Ann. § 16.1-247.1 Custodial interrogation of a child; parental notification and contact; inadmissibility of statement](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-247.1.md) - [Va. Code Ann. § 16.1-248 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-248.md) - [Va. Code Ann. § 16.1-248.1 Criteria for detention or shelter care](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-248.1.md) - [Va. Code Ann. § 16.1-248.2 Mental health screening and assessment for certain juveniles](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-248.2.md) - [Va. Code Ann. § 16.1-248.3 Medical records of juveniles in secure facility](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-248.3.md) - [Va. Code Ann. § 16.1-249 Places of confinement for juveniles](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-249.md) - [Va. Code Ann. § 16.1-249.1 Places of confinement to give notice of intake of certain persons](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-249.1.md) - [Va. Code Ann. § 16.1-250 Procedure for detention hearing](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-250.md) - [Va. Code Ann. § 16.1-250.1 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-250.1.md) - [Va. Code Ann. § 16.1-251 Emergency removal order](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-251.md) - [Va. Code Ann. § 16.1-252 Preliminary removal order; hearing](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-252.md) - [Va. Code Ann. § 16.1-253 Preliminary protective order](https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-253.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-246. Check the current official text before relying on it. Not legal advice.