Family or guardians in Virginia may now be present for temporary detention or emergency custody

Families in Virginia now have additional rights

Governor Glenn Youngkin has signed several bills that will become effective on July 1. One new Virginia law is HB 1242/SB 546. This ordinance will allow a family member or legal guardian to be present when a person is undergoing evaluation for an emergency custody order or temporary detention.

An emergency custody order is issued when a judge has probable cause to believe that an individual has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, cause serious physical harm to himself or others

There is one exception to the new law

Temporary detention occurs when a magistrate issues an order authorizing law enforcement to take a person into custody and transport them to the facility designated by the order.

However, there is one exception to the new law. According to Patch if a family member or legal guardian is considered a possible medical, or clinical threat or a safety risk they will not be allowed to be present.

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