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

Va. Code Ann. § 16.1-297 (2026)

Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court

✓ current as of May 2026
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Upon the rendition of final judgment upon an appeal from the juvenile and domestic relations district court, the circuit court shall cause a copy of its judgment to be filed with the juvenile court within twenty-one days of entry of its order, which shall thereupon become the judgment of the juvenile court. In the event such circuit court does not dismiss the proceedings or discharge such child or adult, the circuit court may remand the child or adult to the jurisdiction of the juvenile court for its supervision and care, under the terms of its order or judgment, and thereafter such child or adult shall be and remain under the jurisdiction of the juvenile court in the same manner as if such court had rendered the judgment in the first instance.

Code 1950, § 16.1-215; 1956, c. 555; 1977, c. 559; 1996, c. 828.

Notes of Decisions
Cited in 18 cases (5 in the last 5 years), 1983–2025 · leading case: Austin v. Commonwealth, 590 S.E.2d 68 (Va. Ct. App. 2003).
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Austin v. Commonwealth, 590 S.E.2d 68 (Va. Ct. App. 2003). · cites it 26× “The circuit court failed to file a copy of its order with the Franklin County Juvenile and Domestic Relations District Court as required by Code § 16.1-297. *36 On September 24, 2001, Austin was released from the Department of Juvenile Justice on parole pursuant to Code § 16.”
Calfee v. Calfee, 509 S.E.2d 552 (Va. Ct. App. 1999). · cites it 8× “" Code § 16.1-297. Additionally, the circuit court may remand [the proceedings] to the jurisdiction of the [J & D] court .”
Chatman v. Commonwealth, 518 S.E.2d 847 (Va. Ct. App. 1999). · cites it 2× “See Code § 16.1-297. The Juvenile and Domestic Relations District Court Law does not expressly provide for or prohibit an insanity defense at either an adjudicatory hearing in the JDR court or in an appeal to the circuit court upon a finding of delinquency.”
James B. Spear, Jr. v. Nawara T. Omary (Va. Ct. App. 2018). · cites it 11× “Code § 16.1-297. Appellee alleges that the circuit court did not state the matter was remanded in its withdrawal order nor did it satisfy that requirement; thus, the J&DR court did not have jurisdiction over the matter.”
Spear v. Omary (ORDER), 825 S.E.2d 288 (Va. 2019). · cites it 10× “" Code § 16.1-297, in turn, states in relevant part that "[u]pon the rendition of final judgment upon an appeal from the [JDR] court, the circuit court shall cause a copy of its judgment to be filed with the [JDR] court within twenty-one days of entry of its order" and that…”
Anita Shana-Nicole Simms v. Alexandria Dep't of Cmty. & Human Servs. (Va. Ct. App. 2021). · cites it 4× “The trial court erred in remanding the cases to Alexandria JDR pursuant to Code § 16.1-297 without rendering a valid final judgment or entering a valid final order in each case.”
Anita Shana-Nicole Simms v. Alexandria Dep't of Cmty. & Human Servs. (Va. Ct. App. 2021). · cites it 4× “The trial court erred in remanding the cases to Alexandria JDR pursuant to Code § 16.1-297 without rendering a valid final judgment or entering a valid final order in each case.”
Robin Ann Steele-Parker v. Roanoke City Dep't of Soc. Servs. (Va. Ct. App. 2022). · cites it 4× “Code § 16.1-297 only authorizes such a remand to the JDR court “[u]pon the rendition of final judgment upon an appeal from the juvenile and domestic relations district court.”
Charles Darrell Parker, Jr. v. Roanoke City Dep't of Soc. Servs. (Va. Ct. App. 2022). · cites it 4× “Code § 16.1-297 only authorizes such a remand to the JDR court “[u]pon the rendition of final judgment upon an appeal from the juvenile and domestic relations district court.”
Cunningham v. Cunningham, 86 Va. Cir. 202 (Norfolk Cir. Ct. 2013). · cites it 3× “Va. Code § 16.1-297 allows this Court to remand a matter to the Norfolk J&DR Court “upon the rendition of final judgment upon an appeal.”
Hedge Everett Washington, Jr. v. Commonwealth (Va. Ct. App. 2007). · cites it 2× “Washington’s attorney responded that Code § 16.1-297 required the judge to remand the matter to the juvenile court for final adjudication, and she argued the December 19, 2005 order was not a “final” order of commitment sufficient to divest the court of jurisdiction in the…”
Timmy Brown v. Commonwealth (Va. Ct. App. 2003). · cites it 2× “In pertinent part, Code § 16.1-297 provides: Upon the rendition of final judgment upon an appeal from the juvenile and domestic relations district court, the circuit court - 2 - shall cause a copy of its judgment to be filed with the juvenile court within twenty-one days of…”
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