VirginiaSB182026 Regular SessionSenate

Children; adjudication of delinquency, orders of disposition.

Sponsored By: Mamie E. Locke (Democratic)

Became Law

Summary

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 and the court shall (i) dismiss any petition alleging such child has committed an act that would be delinquent if committed by a child 11 years of age or older and (ii) order that the court records pertaining to such petition be expunged pursuant to relevant law. The bill allows the attorney for the Commonwealth to file a petition alleging that such child is in need of services and if such child is found to be in need of services, the court may make any orders of disposition authorized under relevant law. 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 (a) 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 (b) 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.

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 3 benefits, 1 costs, 6 mixed.

Tighter limits on juvenile commitment

The law narrows when a youth can be sent to the Department of Juvenile Justice. A child must be at least 11 with certain listed offenses, or at least 14 for an offense that would be a felony for an adult. A Class 1 misdemeanor can lead to commitment only with a qualifying prior record, and prior misdemeanors must be from different incidents. A prosecutor and the child’s attorney can agree to a waiver that allows commitment.

Under-11 kids get services, not delinquency

Children younger than 11 are not prosecuted as delinquent. The court must dismiss those cases and clear the record. The Commonwealth may seek a services case instead, and the court can order help through that process. Funding for services available to older delinquent youths must also be available to these younger children.

New crime: causing kids' delinquency

It is a Class 1 misdemeanor for an adult to willfully cause, encourage, or contribute to a child becoming delinquent, in need of services or supervision, abused, neglected, or to join a gang. This includes causing a child younger than 11 to commit a delinquent act. The section also criminalizes certain sexual acts with a child age 15 or older who is not the adult’s spouse, child, or grandchild. Penalties can include jail and fines.

Clearer neglect rules and safe surrender

The law defines when a child is abused or neglected, including nonaccidental injury, lack of needed care, abandonment, sexual exploitation, absence or incapacity of a caregiver, risk from a Tier III offender, or child trafficking. It says normal, age‑appropriate independence, like biking to school or brief time at home, is not neglect unless supervision is grossly unsafe. A parent has a legal defense in civil and some criminal cases if they safely deliver a newborn within 30 days to a 24‑hour hospital, an attended EMS agency, or a newborn safety device at such a facility. The safe‑delivery must be done to protect the baby’s safety.

Court outcomes for teens stress rehab

For youth age 11 or older found delinquent, courts can keep the child at home with conditions, require parents to take part, defer disposition, or place the child on probation. Courts can fine up to $500, order restitution and community service, and change custody to a qualified relative when needed. Judges may order alcohol or drug treatment in a state‑licensed program if screening shows a need, the child has no violent juvenile felony adjudication, and a program is available. The court reviews treatment at least every 30 days.

Restitution, service, and gang-prevention rules

If a child age 11 or older is found delinquent of certain listed offenses, the court must order at least partial repayment for property damage, loss, or medical bills. The court must also require community service under set conditions. If a gang‑prevention program is available, the child must take part. These orders create time and payment duties but aim to reduce future offenses.

When police can take a child

The law sets clear rules for immediate custody of a child. Officers or courts may take custody only with a detention order or warrant, when there is clear and substantial danger, to ensure a court appearance, after an arrest to protect the public, or on probable cause of a felony-level offense. Custody is also allowed for escape or running away from juvenile justice or placements, when a child is without adult supervision and in clear danger, or when inpatient mental health care is needed. These limits protect families from unwarranted removals while allowing action in serious cases.

Fostering Futures up to age 20

For the Fostering Futures program, a person under 21 counts as a “child” if they meet the program’s rules. This lets some 18‑ to 20‑year‑olds enroll or stay in the program. It can help former foster youth keep support and services.

Driving limits for delinquent juveniles

Courts can suspend a youth’s driver’s license, set a driving curfew, and require surrender of the license during curfew. The DMV must refuse to issue a license during the court‑ordered period. Courts may grant a restricted permit for hardship or travel to and from school. This can affect family travel and work plans.

When courts can order services

A child is in need of services only if the behavior clearly and seriously threatens life or health, needed help is not being received, and court action is essential. For truancy, the child must be under compulsory attendance, offered adequate school services, and the school must document reasonable efforts. For running away or desertion, there must be clear danger and unmet service needs that require court action. These gates can protect families from premature court cases while allowing help when needed.

Sponsors & Cosponsors

Sponsor

  • Mamie E. Locke

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 195 • No: 71

Senate vote 3/6/2026

House Amendments agreed to by Senate

Yes: 23 • No: 17

House vote 3/4/2026

Passed House with amendments

Yes: 65 • No: 34

House vote 3/2/2026

Reported from Courts of Justice with amendment(s)

Yes: 16 • No: 6

House vote 2/18/2026

Subcommittee recommends reporting with amendment(s)

Yes: 8 • No: 2

Senate vote 1/22/2026

Read third time and passed Senate

Yes: 29 • No: 11

Senate vote 1/21/2026

Engrossed by Senate as amended (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/21/2026

Courts of Justice Amendment agreed to

Yes: 0 • No: 0

Senate vote 1/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/20/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 1/19/2026

Reported from Courts of Justice with amendment

Yes: 14 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0873)

    4/13/2026Governor
  2. Approved by Governor-Chapter 873 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB18)

    3/13/2026Senate
  6. Bill text as passed Senate and House (SB18ER)

    3/12/2026Senate
  7. Enrolled

    3/12/2026Senate
  8. Signed by President

    3/12/2026Senate
  9. Signed by Speaker

    3/12/2026House
  10. House Amendments agreed to by Senate (23-Y 17-N 0-A)

    3/6/2026Senate
  11. Passed House with amendments (65-Y 34-N 0-A)

    3/4/2026House
  12. Engrossed by House as amended

    3/4/2026House
  13. committee amendments agreed to

    3/4/2026House
  14. Read third time

    3/4/2026House
  15. Read second time

    3/3/2026House
  16. Reported from Courts of Justice with amendment(s) (16-Y 6-N)

    3/2/2026House
  17. Subcommittee recommends reporting with amendment(s) (8-Y 2-N)

    2/18/2026House
  18. Assigned HCJ sub: Criminal

    2/17/2026House
  19. Referred to Committee for Courts of Justice

    2/3/2026House
  20. Read first time

    2/3/2026House
  21. Placed on Calendar

    2/3/2026House
  22. Fiscal Impact Statement from Department of Planning and Budget (SB18)

    1/23/2026Senate
  23. Read third time and passed Senate (29-Y 11-N 0-A)

    1/22/2026Senate
  24. Engrossed by Senate as amended (Voice Vote)

    1/21/2026Senate
  25. Courts of Justice Amendment agreed to

    1/21/2026Senate

Bill Text

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