Skip to main content
US Criminal Defense.org
Menu

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.