Va. Code » Title 16.1. Courts Not of Record » Chapter 11. Juvenile and Domestic Relations District Courts » Article 9. Disposition
Virginia Code

Va. Code Ann. § 16.1-278.5 (2026)

Children in need of supervision

✓ current as of May 2026
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A. If a child is found to be in need of supervision, the court shall, before final disposition of the case, direct the appropriate public agency to evaluate the child's service needs using an interdisciplinary team approach. The team shall consist of qualified personnel who are reasonably available from the appropriate department of social services, community services board, local school division, court service unit and other appropriate and available public and private agencies and may be the family assessment and planning team established pursuant to § 2.2-5207. A report of the evaluation shall be filed as provided in § 16.1-274 A. In lieu of directing an evaluation be made, the court may consider the report concerning the child of an interdisciplinary team which met not more than ninety days prior to the court's making a finding that the child is in need of supervision.

B. The court may make any of the following orders of disposition for the supervision, care and rehabilitation of the child:

1. Enter any order of disposition authorized by § 16.1-278.4 for a child found to be in need of services;

2. Place the child on probation under such conditions and limitations as the court may prescribe including suspension of the child's driver's license upon terms and conditions which may include the issuance of a restricted license for those purposes set forth in subsection E of § 18.2-271.1;

3. Order the child and/or his parent to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the child;

4. Require the child to participate in a public service project under such conditions as the court may prescribe; or

5. a. Beginning July 1, 1992, in the case of any child subject to compulsory school attendance as provided in § 22.1-254, where the court finds that the child's parent is in violation of §§ 22.1-254, 22.1-255, 22.1-265, or § 22.1-267, in addition to any penalties provided in § 22.1-263 or § 22.1-265, the court may order the parent with whom the child is living to participate in such programs, cooperate in such treatment, or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the child and/or the parent. Upon the failure of the parent to so participate or cooperate, or to comply with the conditions and limitations that the court orders, the court may impose a fine of not more than $100 for each day in which the person fails to comply with the court order.

b. If the court finds that the parent has willfully disobeyed a lawful process, judgment, decree, or court order requiring such person to comply with the compulsory school attendance law, in addition to any conditions or limitations that the court may order or any penalties provided by §§ 16.1-278.2 through 16.1-278.19, 22.1-263 or § 22.1-265, the court may impose the penalty authorized by § 18.2-371.

C. Any order entered pursuant to this section shall be provided in writing to the child, his parent or legal custodian, and to the child's attorney and shall contain adequate notice of the provisions of § 16.1-292 regarding willful violation of such order.

1991, c. 534; 1992, cc. 837, 880; 1996, c. 45; 1997, c. 210.

Notes of Decisions
Cited in 12 cases, 1997–2006 · leading case: B.P. v. Commonwealth, 568 S.E.2d 412 (Va. Ct. App. 2002).
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B.P. v. Commonwealth, 568 S.E.2d 412 (Va. Ct. App. 2002). · cites it 22× “She contended, however, that the JDR court lacked authority on March 23, 2000, to order her to attend school because no final disposition had been made pursuant to Code § 16.1-278.5 regarding the original petition.”
S.G. v. Prince William Cnty. Dep't of Soc. Servs., 488 S.E.2d 653 (Va. Ct. App. 1997). · cites it 6× “when school authorities reported her as truant,” see Code § 16.1-278.5, the record does not contain the initial petition.”
Austin v. Commonwealth, 590 S.E.2d 68 (Va. Ct. App. 2003). “10, who violates the conditions of his probation granted pursuant to § 16.1-278.5 or § 16.1-278.8, or who violates the conditions of his parole granted pursuant to §§ 16.”
Fredericksburg Dep't of Soc. Servs. v. Brown, 533 S.E.2d 12 (Va. Ct. App. 2000). · cites it 2× “4 (elaborating on circumstances under which legal custody of children in need of services can be transferred); Code § 16.1-278.5 (defining circumstances under which DSS can assume legal custody of children in need of supervision); Code § 16.”
BP v. Com., 568 S.E.2d 412 (Va. Ct. App. 2002). · cites it 20× “She contended, however, that the JDR court lacked authority on March 23, 2000, to order her to attend school because no final disposition had been made pursuant to Code § 16.1-278.5 regarding the original petition.”
Larry Aylette Aylor, Sr. v. Madison Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2006). · cites it 10× “In the event a child in need of supervision is found to have willfully and materially violated an order of the court pursuant to § 16.1-278.5, the court may enter any of the following orders of disposition: 1.”
S. G., A Minor, etc. v. Prince Wm. Co. DSS (Va. Ct. App. 1997). · cites it 6× “when school authorities reported her as truant," see Code § 16.1-278.5, the record does not contain the initial petition.”
Patricia Hanson, etc. v. Commonwealth (Va. Ct. App. 1997). · cites it 4× “See Code § 16.1-278.5. - 2 - with contempt for failing to complete the ordered alcohol abuse counselling and failing to apply for Medicaid.”
Robert B. Green, Sr. v. Richmond Dept. Soc. Servs. (Va. Ct. App. 2002). · cites it 2× “Mother advised that Latoya, then thirteen years old, had a habit of leaving home without consent or reasonable cause and staying away for long periods of time.”
Comprehensive Servs. Act Off., etc v. J. M. (Va. Ct. App. 1999). · cites it 2× ““in need of supervision,” and referred the matter to a family assessment and planning team (FAPT) to evaluate the child’s service needs pursuant to Code § 16.1-278.5. 4 The J&DR thereafter conducted several hearings in a continuing review and consideration of the 2 At oral…”
Fredericksburg DSS v. Clyde Brown & Joyce Williams (Va. Ct. App. 2000). “4 (elaborating on circumstances under which legal custody of children in need of services can be transferred); Code § 16.1-278.5 (defining circumstances under which DSS can assume legal custody of children in need of supervision); Code § 16.”
Clyde Brown v. Fredericksburg DSS (Va. Ct. App. 2000). “4 (elaborating on circumstances under which legal custody of children in need of services can be transferred); Code § 16.1-278.5 (defining circumstances under which DSS can assume legal custody of children in need of supervision); Code § 16.”
— Va. Code Ann. § 16.1-278.5(A) — 2 cases
S.G. v. Prince William Cnty. Dep't of Soc. Servs., 488 S.E.2d 653 (Va. Ct. App. 1997). “when school authorities reported her as truant,” see Code § 16.1-278.5, the record does not contain the initial petition.”
S. G., A Minor, etc. v. Prince Wm. Co. DSS (Va. Ct. App. 1997). “when school authorities reported her as truant," see Code § 16.1-278.5, the record does not contain the initial petition.”
— Va. Code Ann. § 16.1-278.5(B) — 1 case
Larry Aylette Aylor, Sr. v. Madison Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2006). “In the event a child in need of supervision is found to have willfully and materially violated an order of the court pursuant to § 16.1-278.5, the court may enter any of the following orders of disposition: 1.”
— Va. Code Ann. § 16.1-278.5(B)(1) — 3 cases
S.G. v. Prince William Cnty. Dep't of Soc. Servs., 488 S.E.2d 653 (Va. Ct. App. 1997). “when school authorities reported her as truant,” see Code § 16.1-278.5, the record does not contain the initial petition.”
Larry Aylette Aylor, Sr. v. Madison Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2006). “In the event a child in need of supervision is found to have willfully and materially violated an order of the court pursuant to § 16.1-278.5, the court may enter any of the following orders of disposition: 1.”
S. G., A Minor, etc. v. Prince Wm. Co. DSS (Va. Ct. App. 1997). “when school authorities reported her as truant," see Code § 16.1-278.5, the record does not contain the initial petition.”
— Va. Code Ann. § 16.1-278.5(B)(3) — 1 case
Patricia Hanson, etc. v. Commonwealth (Va. Ct. App. 1997). “See Code § 16.1-278.5. - 2 - with contempt for failing to complete the ordered alcohol abuse counselling and failing to apply for Medicaid.”
— Va. Code Ann. § 16.1-278.5(C) — 1 case
Larry Aylette Aylor, Sr. v. Madison Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2006). “In the event a child in need of supervision is found to have willfully and materially violated an order of the court pursuant to § 16.1-278.5, the court may enter any of the following orders of disposition: 1.”
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