# Va. Code Ann. § 16.1-247.1: Custodial interrogation of a child; parental notification and contact; inadmissibility of statement

> Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-247.1

## Section

- **Citation:** Va. Code Ann. § 16.1-247.1
- **Heading:** Custodial interrogation of a child; parental notification and contact; inadmissibility of statement
- **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 16.1-247.1

## Text

A. Prior to any custodial interrogation of a child by a law-enforcement officer who has arrested such child pursuant to subsection C, C1, or D of § 16.1-246 , the child's parent, guardian, or legal custodian shall be notified of his arrest and the child shall have contact with his parent, guardian, or legal custodian. The notification and contact required by this subsection may be in person, electronically, by telephone, or by video conference.

B. Notwithstanding the provisions of subsection A, a custodial interrogation may be conducted (i) if the child's parent, guardian, or legal custodian is a codefendant in the alleged offense; (ii) if the child's parent, guardian, or legal custodian has been arrested for, has been charged with, or is being investigated for a crime against the child; (iii) if, after every reasonable effort has been made to comply with subsection A, the child's parent, guardian, or legal custodian cannot be located or refuses contact with the child; or (iv) if the law-enforcement officer conducting the custodial interrogation reasonably believes the information sought is necessary to protect life, limb, or property from an imminent danger and the law-enforcement officer's questions are limited to those that are reasonably necessary to obtain such information.

C. A law-enforcement officer shall be prohibited from knowingly and intentionally making false statements about any known material fact, including by use of inauthentic replica documents, prior to or during a custodial interrogation of a child in order to secure the cooperation, confession, or conviction of such child. As used in this subsection, "inauthentic replica documents" means any documents, including computer-generated documents, created by any means, including artificial intelligence, by a law-enforcement officer or his agent that (i) contain a false statement, signature, seal, letterhead, or contact information or (ii) materially misrepresent any fact.

D. Except as provided in subsection B, if a law-enforcement officer knowingly violates the provisions of subsection A or C, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.

2020, c. 480 ; 2024, c. 719 ; 2025, c. 669 .

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_T16.1_C11_A4_S16.1-247.1. Check the current official text before relying on it. Not legal advice.
