# Va. Code Ann. § 63.2-1517: Authority to take child into custody > Virginia · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1517 ## Section - **Citation:** Va. Code Ann. § 63.2-1517 - **Heading:** Authority to take child into custody - **Jurisdiction:** Virginia - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 4 / Section 63.2-1517 ## Text A. A physician or child-protective services worker of a local department or law-enforcement official investigating a report or complaint of abuse and neglect may take a child into custody for up to 72 hours without prior approval of parents or guardians provided: 1. The circumstances of the child are such that continuing in his place of residence or in the care or custody of the parent, guardian, custodian or other person responsible for the child's care, presents an imminent danger to the child's life or health to the extent that severe or irremediable injury would be likely to result or if evidence of abuse is perishable or subject to deterioration before a hearing can be held; 2. A court order is not immediately obtainable; 3. The court has set up procedures for placing such children; 4. Following taking the child into custody, the parents or guardians are notified as soon as practicable. Every effort shall be made to provide such notice in person; 5. A report is made to the local department; and 6. The court is notified and the person or agency taking custody of such child obtains, as soon as possible, but in no event later than 72 hours, an emergency removal order pursuant to § 16.1-251 ; however, if a preliminary removal order is issued after a hearing held in accordance with § 16.1-252 within 72 hours of the removal of the child, an emergency removal order shall not be necessary. Any person or agency petitioning for an emergency removal order after four hours have elapsed following taking custody of the child shall state the reasons therefor pursuant to § 16.1-251 . B. If the 72-hour period for holding a child in custody and for obtaining a preliminary or emergency removal order expires on a Saturday, Sunday, or legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, or legal holiday or day on which the court is lawfully closed. C. A child-protective services worker of a local department responding to a complaint or report of abuse and neglect for purposes of sex trafficking or severe forms of trafficking may take a child into custody and the local department may maintain custody of the child for up to 72 hours without prior approval of a parent or guardian, provided that the alleged victim child or children have been identified as a victim or victims of sex trafficking or a victim or victims of severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7101 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22). After taking the child into custody, the local department shall notify the parent or guardian of such child as soon as practicable. Every effort shall be made to provide such notice in person. The local department shall also notify the Child-Protective Services Unit within the Department whenever a child is taken into custody. D. When a child is taken into custody by a child-protective services worker of a local department pursuant to subsection C, that child shall be returned as soon as practicable to the custody of his parent or guardian. However, the local department shall not be required to return the child to his parent or guardian if the circumstances are such that continuing in his place of residence or in the care or custody of such parent or guardian, or custodian or other person responsible for the child's care, presents an imminent danger to the child's life or health to the extent that severe or irremediable injury would be likely to result or if the evidence of abuse is perishable or subject to deterioration before a hearing can be held. If the local department cannot return the child to the custody of his parents or guardians within 72 hours, the local department shall obtain an emergency removal order pursuant to § 16.1-251 . r to the child's life or health to the extent that severe or irremediable injury would be likely to result or if the evidence of abuse is perishable or subject to deterioration before a hearing can be held. If the local department cannot return the child to the custody of his parents or guardians within 72 hours, the local department shall obtain an emergency removal order pursuant to § 16.1-251 . 1975, c. 341, § 63.1-248.9; 1977, c. 559; 1992, c. 688; 1994, c. 643 ; 1998, c. 760 ; 2001, c. 837 ; 2002, c. 747 ; 2003, c. 508 ; 2019, cc. 381 , 687 . ## Nearby sections - [Va. Code Ann. § 63.2-1516 Tape recording child abuse investigations](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1516.md) - [Va. Code Ann. § 63.2-1516.01 Investigation procedures involving person who is the subject of complaint](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1516.01.md) - [Va. Code Ann. § 63.2-1516.1 Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1516.1.md) - [Va. Code Ann. § 63.2-1517 Authority to take child into custody](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1517.md) - [Va. Code Ann. § 63.2-1518 Authority to talk to child or sibling](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1518.md) - [Va. Code Ann. § 63.2-1519 Physician-patient and spousal privileges inapplicable](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1519.md) - [Va. Code Ann. § 63.2-1520 Photographs and X-rays of child; use as evidence](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1520.md) - [Va. Code Ann. § 63.2-1521 Testimony by child using two-way closed-circuit television](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1521.md) - [Va. Code Ann. § 63.2-1522 Admission of evidence of sexual acts with children](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1522.md) - [Va. Code Ann. § 63.2-1523 Use of videotaped statements of complaining witnesses as evidence](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1523.md) - [Va. Code Ann. § 63.2-1524 Court may order certain examinations](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1524.md) - [Va. Code Ann. § 63.2-1525 Prima facie evidence for removal of child custody](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1525.md) - [Va. Code Ann. § 63.2-1526 Appeals of certain actions of local departments](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1526.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1517. Check the current official text before relying on it. Not legal advice.