CHAPTER 237

An Act to amend and reenact § 16.1-214, as amended, of the Code of
Virginia, relating to jurisdiction of appeals in juvenile cases; pro-

cedure.
[H 239]
Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-214, as amended, of the Code of Virginia be amended
and reenacted as follows:

§ 16.1-214. From any final order or judgment of the juvenile court
affecting the rights or interests of any person under the age of eighteen
years coming within its jurisdiction, an appeal may be taken within ten
days by any person aggrieved to the circuit, corporation, or hustings
court having equity jurisdiction of such city or county. From any final
order or judgment of the court affecting the rights or interests of any
person of the age of eighteen years or over, coming within its jurisdiction,
an appeal may be taken within ten days by the person aggrieved to the
circuit, corporation or hustings court having jurisdiction over such city
or county. Upon receipt of notice of such appeal the juvenile court shall
forthwith transmit to the Commonwealth’s attorney of such circuit, cor-
poration or hustings court a report incorporating the results of the in-
vestigation required in § 16.1-164, which shall be confidential in nature
and made available only to the court and the attorney for the defendant
after the guilt or innocence of the accused has been determined. After
final determination of the case the report and all copies thereof, shall
be forthwith returned to such juvenile court. Provided, however, that in
either case the appeal may be withdrawn by the person taking same at
any time before the appeal papers shall have been actually filed in the
higher court, and thereafter with the consent of the judge of that court;
and provided further that in any case the judge may grant a rehearing
within thirty days upon good cause shown after due notice to interested
parties.

Proceedings in juvenile cases in such courts shall conform to the
equity practice where evidence is taken ore tenus; provided, however,
that an issue out of chancery may be had as a matter of right upon the
request of either party. In the city of Richmond all appeals shall, as to
matters arising within the city north of the James River, or arising upon
the islands therein, be to the Hustings Court of the City of Richmond,
and as to matters arising within the city south of the James River such
appeals shall be to the Hustings Court of the City of Richmond, Part Two.
Provided, however, that in any case which has been referred from a
court of record to a juvenile court, and an appeal is taken from an order
or 7 of such juvenile court, then the appeal shall be taken to the
court of record which had original jurisdiction of the case.