SB 18

Abstract

Children; adjudication of delinquency. Specifies that "delinquent child" means a child 11 years of age or older who has committed a delinquent act. Currently, there is no minimum age for a child to be adjudicated delinquent. The bill provides that if a child younger than 11 years of age is found to have committed an act that would be delinquent if committed by a child 11 years of age or older, the child shall not be proceeded upon as delinquent; however, the court may make any orders of disposition authorized for a child in need of services or a child in need of supervision. The bill also provides that any funding that is available to provide services to a child 11 years of age or older who is proceeded upon as delinquent shall also be made available to a child younger than 11 years of age who is found to have committed an act that would be delinquent if committed by a child 11 years of age or older in order to provide such child with the same services. The bill includes in the definition of "child in need of services" a child younger than 11 years of age who has committed an act that would be delinquent if committed by a child 11 years of age or older. The bill adds that a child may be taken into immediate custody when such child is alleged to be in need of services or supervision and there is a clear and substantial danger to the safety of the child's family or the safety of the public. Currently, a child may be taken into immediate custody when such child is alleged to be in need of services or supervision and there is a clear and substantial danger to the child's life or health. Finally, the bill includes in the offense of causing or encouraging acts rendering children delinquent, abused, etc., any person 18 years of age or older, including the parent of any child, who willfully contributes to, encourages, or causes any act, omission, or condition that (i) causes a child younger than 11 years of age to commit an act that would be delinquent if committed by a child 11 years of age or older or (ii) causes any child to participate in or become a member of a criminal street gang in violation of existing law. Under the bill, any person who commits such offense is guilty of a Class 1 misdemeanor.

A BILL to amend and reenact §§ 16.1-228, 16.1-246, 16.1-278.8, and 18.2-371 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-278.9:1, relating to children; adjudication of delinquency.