Right to counsel

Key_development Question_mark

Legislation, Civil Commitment

There is a right to counsel for the subject of a civil commitment proceeding, including appeal of any commitment order. Va. Code Ann. §§ 37.2-814(C), 37.2-817.2(A) (review of post-release mandatory outpatient treatment plan or discharge plan), 37.2-821 (extending such right to appeal).  

 

Minors of a certain age also have such a right. Minors 14 years of age or older must consent to being admitted to a mental health facility. If they object or are incapable of making an informed decision, the facility may seek judicial approval of the involuntary admission, and the court must appoint a guardian ad litem and counsel for the minor. Va. Code Ann. §§16.1-338 (Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older) and 16.1-339 (Parental admission of an objecting minor 14 years of age or older).

Appointment of Counsel: categorical Qualified: no