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Emergency
Custody Orders
The
Code of Virginia allows for any responsible adult or law enforcement
officer, with first-hand knowledge of an individual's behaviors that
may be dangerous 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, at the courts and jails buildings.
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The
individual in question must appear to be mentally ill and in
need of hospitalization
AND
there is substantial likelihood,
based on behavior, that the person could cause serious harm
to self or others
OR
lacks capacity to protect self
from harm and provide for basic needs
AND
be
incapable or unwilling to seek treatment voluntarily
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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.
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The
Magistrate will notify the Sheriff's office of the order and
the individual will be taken to a site such as DPCS' Mental
Health Services on Hairston Street or the Emergency
Department at Danville Regional Medical Center for an evaluation.
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Once
the officer or deputy begins transport of the individual,
that individual may be detained for up to four hours while
an evaluation is completed by a clinician from DPCS'
Emergency Services Unit.
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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.
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If
there is a question about the process or legal criteria,
please contact one of the following:
| DPCS'
Emergency Services Unit: |
434.793.4922
or 877.793.4922 |
| Danville
Magistrate: |
434.799.5143 |
| Pittsylvania
County Magistrate: |
434.432.7910 |
Back
to Mental Health Services Division
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