CHAPTER 425

An Act to amend and reenact § 16-172.28, as amended, of the Code of
Virginia, relating to the jurisdiction of juvenile and domestic rela-
tions courts.

(H 744]

Approved March 15, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 16-172.23, as amended, of the Code of Virginia be amended
and reenacted as follows:

§ 16-172.28. The judges of the juvenile court elected or appointed
under this law shall be conservators of the peace within the corporate
limits of the cities and the boundaries of the counties for which they are
respectively chosen and within one mile beyond the corporate limits of
such cities.

Except as hereinafter limited they shall have within the corporate
limits of a city or the boundaries of a county in which they sit exclusive
original jurisdiction, and within one mile beyond the corporate limits of
said city concurrent jurisdiction with the juvenile court or courts of the
adjoining county or counties over all cases, matters and proceedings
involving:

1. The custody, support, control or disposition of a child:

(a) whose parent or other person legally responsible for the care
and support of such child is unable, or neglects or refuses when able
so to do, to provide proper or necessary support, education as required
by law, or medical, surgical or other care necessary for his well being;

(b) who is without proper parental care, custody or guardianship;

(c) who is abandoned by his parent or parents or other custodian;

(d) whose parent or parents or custodian for good cause desire to
be relieved of his care and custody;

(e) whose custody or support is a subject of controversy; provided,
however, that in such cases jurisdiction shall be concurrent with and not
exclusive of courts having equity jurisdiction, as provided in § 16-172.26
hereof ;

(f) whose occupation, behavior, environment, condition, association,
habits or practices are injurious to his welfare;

(g) who deserts, or is a fugitive from his home or who is habitually
disobedient or beyond the control of his parents or other custodian; or
is incorrigible;

(h) who is being required by law or his parents or custodian to
attend school is a willful and habitual truant therefrom;

(i) who violates any State or Federal law, municipal or county
ordinance; provided, however, that in violation of Federal law juris-
diction in such cases shall be concurrent and shall be assumed only if
waived by the Federal court;

(j) whose condition or situation is alleged to be such that his welfare
demands adjudication as to his disposition, control and custody, provided
that jurisdiction in such cases shall be concurrent with and not exclusive
of that of courts having equity jurisdiction, as provided in § 16-172.26
hereof.

2. The commitment of a mentally defective or mentally disordered
child who is within the purview of this law. Such commitment shall be
in accordance with the provisions of Chapters 3, 6 and 7 of Title 37 of
the Code.

8. Judicial consent to the marriage of a child or minor, or for his
enlistment in the armed forces, or for surgical or medical treatment
CHS. 425, 426] ACTS OF ASSEMBLY 485

for a child, who has been separated from his parents or guardian and is
in the custody of the court when such consent is required by law.

4. A minor who is charged with having violated, prior to the time
he became eighteen years of age, any State or Federal law, municipal
or county ordinance, provided that jurisdiction in Federal offenses shall
be concurrent with Federal courts and shall be assumed only if waived
by the Federal court. Such minor shall be dealt with under the provisions
of this law relating to juveniles.

5. An adult or person sixteen years of age or over charged with
deserting, abandoning or failing to provide support for any person in
violation of law.

6. The enforcement of any law, regulation, or ordinance for the
education, protection or care of children; provided, that in any case where
a child is not qualified to obtain a work permit under other provisions of
law, the court may, whenever the judge thereof in his sound judicial dis-
cretion deems it for the best interest of such child, grant a special work
permit to such child, which permit shall be on forms furnished by the
Department of Labor and Industry, but any special work permit granted
pursuant to this authority shall be valid only for the employment for
which it is issued, and may be restricted in any other manner, or cancelled
at any time, by the court which granted the permit.

he court shall forthwith transmit a copy of such permit to the
Department of Labor and Industry, and shall likewise notify said Depart-
ment of any subsequent restriction or cancellation of such permit.

7. The prosecution and punishment of persons charged with ill-
treatment, abuse, abandonment or neglect of children or with any viola-
tion of law which causes or tends to cause a child to come within the
purview of this law, or with any other offense against a child except
murder and manslaughter ; provided, that in prosecution for other felonies
over which the court shall have jurisdiction, such jurisdiction shall be
limited to that of examining magistrate. :

8. All offenses except murder and manslaughter committed by one
member of the family against another member of the family; and the
trial of all criminal warrants in which one member of the family is
complainant against another member of the family, provided, that in
prosecution for other felonies over which the court shall have jurisdiction,
said jurisdiction shall be limited to that of examining magistrate. The
word ‘‘family” as herein used shall be construed to include husband and
wife, parent and child, brothers and sisters, grandparent and grandchild;
and.

9. Any violation of law the effect or tendency of which is to cause
or contribute in any way to the disruption of marital relations or a home.