Virginia legal term
Determination of incompetence in Virginia Criminal Law
Current through 2026 Virginia legislative session
In Virginia criminal law, “Determination of incompetence” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Virginia criminal code.
What does “Determination of incompetence” mean in Virginia criminal law?
"Determination of incompetence" means a written determination made by the attending physician that to a reasonable degree of medical certainty a qualified parent is chronically and substantially unable to understand the nature and consequences of decisions concerning the care of a minor child as a result of a mental or organic impairment and is consequently unable to care for the child. (Va. Code Ann. § 16.1-349)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.