Committee backs SB18 with amendment to convert delinquency filings for children under 11 to CHINs proceedings

Senate Bill 18, sponsored by Senator Locke, seeks to establish a minimum age of 11 for delinquency adjudications in Virginia, arguing that children 10 and younger are better served through services rather than criminalization. Supporters included youth leaders and legal-aid advocates who said the bill protects young children and encourages community-based services.

Witnesses described about 100 referrals per year for children ages 8–10 and urged the statutory change to prevent criminalization of very young children. Committee debate centered on implementation mechanics: senators asked who may initiate CHINs petitions and whether a delinquency filing could be converted to a CHINs proceeding. Nathan Green, a commonwealth’s attorney, said jurisdictions have converted delinquency petitions to CHINs in practice, but acknowledged differences across local practice.

To address uncertainty, the committee adopted an amendment providing that any delinquency petition involving a child under the bill’s age threshold "shall be amended by the court upon motion of the Commonwealth" and converted to a CHINs petition, with cross-references to the relevant CHINs statutes. That change is intended to ensure children receive civil-service-oriented dispositions and access to rehabilitation and support services rather than punitive juvenile adjudication.

The committee moved and reported the bill as amended; senators directed staff to tidy statutory cross-references and confirm that CHINs procedures will preserve appropriate dispositional options and services.