Emergency Custody Orders

The Code of Virginia (§ 37.2-808) allows for any responsible person, treating physician, court, or law enforcement officer, with cause to believe that an individual's behaviors may cause serious harm to themselves or others because of a mental illness, to petition the courts for an Emergency Custody Order (ECO), to have the individual in question evaluated. This order can be obtained through the Magistrate's office 24 hours a day, seven days a week, either in Danville or in Chatham.

The individual in question must be believed to have a mental illness and in need of hospitalization or treatment

AND

Will in the near future cause serious physical harm to themselves or others as evidenced by recent behavior causing, attempting, or threatening harm

OR

Suffer serious harm due to the lack of capacity to protect themselves from harm or to provide for basic human needs

AND

Is incapable or unwilling to volunteer for hospitalization or treatment

 

  • The Magistrate will require the individual's name, date of birth, Social Security number, current location, a physical description (eye and hair color, clothing, etc.), and the reason an order needs to be issued.

  • The Magistrate will notify the Sheriff's office of the order, and the individual will be transported to a location such as DPCS' Crisis Center or the Emergency Department at SOVAH Health -Danville Campus for an evaluation.

  • Once the officer or deputy begins transport of the individual, that individual may be detained for up to eight hours while an evaluation is completed by a clinician from DPCS' Crisis Services Unit

  • Many outcomes are possible and depend on the severity of the individual's illness and Virginia law. Referrals to other community services may take place.

 

If there is a question about the process or legal criteria, please contact one of the following: