W. Va. Code § 49-4-718(d). W. Va. Code § 49-4-413(a). In these domestic violence cases as well, there is a presumption that the juvenile should be released. However, if a juvenile is entitled to and has demanded a jury trial, the adjudicatory hearing must begin no later than the next term of court. Ask if they have any incident/report numbers on you. A magistrate designated by the circuit court to serve as a juvenile referee has the authority to hold juvenile detention hearings (W. Va. Code § 49-4-706), to conduct preliminary hearings (W. Va. Code § 49-4-708(a)), and to perform other duties as assigned by circuit court.  In these circumstances, a magistrate is acting as a judicial officer of the circuit court. Victim Services. Some of the diversion programs are available after a formal petition is filed as well. What would be for an adult a felony offense of violence against another person, and the juvenile has a prior delinquency adjudication for a felony offense of violence against another person, after considering personal factors of the juvenile, such as mental and physical condition or maturity. Bail may be required, except it may be denied in cases where bail could be denied for an adult. W. Va. Code § 49-4-710(j); Rule 20(g), RJP. When a matter is referred for prepetition diversion, the case worker, probation officer, or truancy diversion specialist is required to develop a diversion program by conducting an assessment of the juvenile; obtaining the consent of the juvenile and the juvenile's parent, guardian, or custodian to the diversion agreement terms; and referring the juvenile and, if needed, any parent, guardian, or custodian to community services. JUVENILE PETITION (DELINQUENT) G.S. W. Va. Code § 49-4-714(b)(6); Rule 41, RJP. If out-of-home custody is ordered, the court must make case-specific findings that continuation in the home is contrary to the welfare of the juvenile and must find whether the DHHR made reasonable efforts to prevent removal or that there was an emergency situation that made any such efforts unreasonable or impossible. Marking of juvenile records to show that they remain confidential has the legal effect of extinguishing the offense as if it never occurred. A court is required to conduct a hearing on the transfer motion within seven days of the filing of the motion unless good cause for a continuance has been established. When a juvenile petition is filed, the circuit court should appoint counsel when required by Rule 5 of the Rules of Juvenile Procedure and W.Va. Code § 49-4-701(h). W. Va. Code § 49-4-713. However, an offender who has reached the age of 18 may not be placed in a juvenile facility or in other placements with juveniles. The sole mandatory issue at a detention hearing is whether the juvenile should be detained pending further court proceedings. Except in extraordinary circumstances, a court may not order placement of a juvenile in a facility that is at licensed capacity. Rule 38(g), RJP. A juvenile charged with a delinquency offense is entitled to a jury trial if the criminal offense would expose an adult to possible incarceration upon a conviction. At any time, the court may refer a juvenile offender to noncustodial counseling or community services with the DHHR, a community mental health center, other community professional counseling agency, or a truancy diversion specialist. W. Va. Code § 49-4-711(3); Rule 32, RJP. W. Va. Code § 49-5-104(d); Rule 50(c), RJP. If no probable cause is found, the judicial officer must dismiss the petition. If the juvenile has been compliant and no longer needs probation supervision, upon the probation officer's recommendation the court may determine that early termination of the probation period is warranted, and discharge the juvenile from probation without conducting a review hearing. W. Va. Code § 49-5-101; Rule 49, RJP. As a disposition, the court may commit a juvenile who has been adjudicated as a delinquent to a mental health facility. Appeal for Denial of Petition for Emergency Protective Order/TEPO As part of the discharge process, the court is required to schedule a hearing to consider a juvenile's after-care plan. The Juvenile Justice Database (JJDB) is administered by the West Virginia Supreme Court for research and planning purposes. Collected data will be shared with the Juvenile Justice Reform Oversight Committee, the body statutorily authorized to oversee the implementation of reform measures intended to improve the state's juvenile justice system. Juvenile court records are also accessible to West Virginia probation officers, including any juvenile case information in the electronic database maintained by the West Virginia Supreme Court. A petition is a verified, written statement by a person who has knowledge of the facts alleged. Once a juvenile has been adjudicated for a delinquency offense, the court may impose a disposition based upon a range of alternatives. The DHHR has responsibility for oversight (principally by way of licensing) of these in-state juvenile facilities, except any staff-secure facilities operated by DJS. W. Va. Code § 49-4-702a(b). Request for Disclosure of Juvenile Case File a.  A status offense is not a crime under state law or municipal ordinance, or an offense if committed by an adult.  Status offenses are any of the offenses listed below: Habitual and continual refusal to respond to the lawful supervision by a parent, guardian, or legal custodian such that the behavior substantially endangers the health, safety, or welfare of the juvenile or any other person. At the beginning of an adjudicatory hearing, the circuit court must ask the juvenile whether he or she chooses to admit or deny the allegations in the petition. Additionally, the court must find, based upon the facts of the case, whether the DHHR made reasonable efforts to prevent out-of-home placement, or that exigent circumstances made such efforts unreasonable or impossible. ATTORNEY OR PARTY WITHOUT ATTORNEY: NAME: FIRM NAME: STREET ADDRESS: CITY: TELEPHONE NO. The basis for the alleged probation violation must be set forth in a verified petition. W. Va. Code § 49-4-406(d)(4); Rule 43, RJP. The purpose of a preliminary hearing is to determine whether the juvenile petition is supported by probable cause. View all search results ; Menu.  Any magistrate is also authorized to conduct a juvenile detention hearing when a circuit judge is not available in the county. As noted above, a juvenile must have serious emotional or behavioral disorders to be subject to this type of placement. Juvenile Center and Facility Policies. Use this form to ask the court to change your dispositional orders or redesignate your marijuana-related offense. If a juvenile is not detained, the preliminary hearing must be conducted within 20 days after the juvenile is served with the petition. Subscribe Now. There is a threat of serious bodily harm if the juvenile is released; A responsible adult who could accept custody of the juvenile cannot be located (and in these circumstances, all attempts to locate a responsible adult must be documented); or. State ex rel. Rule 47, RJP. In both status offense and delinquency cases, a juvenile may be subject to an out-of-home placement. W. Va. Code § 49-2-907(a); Rule 40(c), RJP. If recommended by the DHHR or requested by a parent, guardian, or custodian, the order may allow or require a parent, guardian, or custodian to participate in the counseling or community services. The court may schedule the review hearings as often as it considers necessary until the juvenile is discharged from the court’s supervision or the court no longer has jurisdiction over the case due to the juvenile’s age. An intake officer, usually a juvenile probation officer or a prosecutor, screens the referral to determine whether to divert the case for informal resolution or to file a formal petition. Description. W. Va. Code § 49-4-708. Rule 20(d), RJP. The goal of any disposition should be rehabilitation of the juvenile. USLF control no. Within five days of the hearing, the court must enter an order with findings and conclusions concerning the after-care plan. Continued placement of the juvenile is required for his or her treatment and the parents have participated with the treatment; The juvenile is habitually truant and is placed in a facility with an on-grounds school; The juvenile's rehabilitative needs require further out-of-home treatment but the juvenile does not want parental rights terminated; or. When a juvenile is adjudicated as a delinquent or has been granted a preadjudicatory community supervision period, the court may, prior to disposition, refer the juvenile for a comprehensive assessment by a multidisciplinary treatment team (MDT). W. Va. Code § 49-4-705(c)(4); Rule 6(c), RJP. W. Va. Code § 49-4-712(d). with developing a statewide planning capacity to improve West Virginia's juvenile justice system.  Members are appointed by the Governor and represent every aspect of West Virginia's juvenile justice system. The juvenile and a parent, guardian, or custodian must consent. The petition must also contain a statement that indicates that the DHHR may initiate a separate proceeding to terminate parental or custodial rights if the juvenile remains in an out-of-home placement for 15 months. For example, the Petitioner(s) may prefer a new name due to social or religious reasons. A status offender petition for the offenses of incorrigibility, runaway, or truancy may be presented by a DHHR representative or by a parent, guardian, or custodian. A court may also review placement upon its own motion. M.C.H. W. Va. Code § 49-4-716. The court must also determine whether there is a defense to the allegations. If this is the basis for placement, the custody order must require the custodial agency or facility to record, on a daily basis, all attempts to locate a responsible adult. At the preliminary hearing, the judge or magistrate must inform the juvenile and the juvenile's parent, guardian, or custodian of the juvenile's right to counsel at all stages of the proceedings; appoint counsel if counsel has not already been retained, appointed, or knowingly waived; and determine whether there is probable cause to believe the juvenile committed a status or delinquency offense. If the relevant criminal statute would not allow incarceration as a penalty for a convicted adult, the juvenile is not entitled to a jury trial for the equivalent delinquency charge. You may print legibly in black ink, type on the form, or fill it out online. When a juvenile has been placed in the custody of either the DHHR or DJS, that agency has the duty of developing an after-care plan. JV-570 Request for Disclosure of Juvenile Case File Clerk stamps date here when form is filed. W. Va. Code § 49-4-409(c); Rule 45(b), RJP. Rule 47, RJP. The health, safety, or welfare of the juvenile requires such custody; The juvenile is a fugitive from a lawful custody or commitment order issued by a juvenile court; or. Indicate what records you are requesting, why you believe the recordsou exist,intend howto y use them and why the records are relevant to the purpose for which you intend to use them. If so, the court must make the appropriate removal-from-home findings. The court must consider all less restrictive alternatives. A status offender may appeal to the West Virginia Supreme Court any dispositional order other than the initial mandatory order referring the juvenile to DHHR for services. Placing the juvenile in temporary foster care or placing the juvenile in DHHR's custody for placement in a rehabilitative facility. The court may modify the disposition order to impose a more restrictive disposition only if there is clear and convincing evidence of a substantial violation of a prior court order. WV Division of Corrections & Rehabiltitation Bureau of Juvenile Services 1409 Greenbrier Street Charleston, WV 25311 Phone: 304 558-2036 Fax: 304 558-6032 The Superintendent has the authority to deny your visit even if your background check has been approved. In these circumstances, the court, within 45 days of receiving the plan, should issue an order adopting the plan. If the court determines it is necessary, the court may require the agency that has custody of the juvenile to provide alternative plans. W. Va. Code § 49-5-103(c)(8)-(11). Driving privileges may be suspended only for a period of two years. Appointment of counsel is not required for traffic and other citation-type offenses involving juveniles heard in magistrate or municipal court. There are a variety of possibilities for informal resolution before the filing of a formal petition. Rule 46, RJP. If the court orders the commitment of the juvenile, the court is required to make findings, in addition to the specific findings that support the commitment, that continuation in the home is contrary to the best interests of the juvenile (and why); and whether the DHHR made reasonable efforts to prevent out-of-home placement, or that exigent circumstances made such efforts unreasonable or impossible. In municipal teen court programs, the option is limited to alleged violations of municipal ordinances over which municipal courts have juvenile jurisdiction. In general, an adjudicated delinquency offender is entitled to be sentenced to the least restrictive disposition available that will address and resolve the juvenile’s circumstances. Rule 8(b), RJP. The juvenile is a fugitive from a lawful custody or commitment order. W. Va. Code § 49-4-712(g).  A magistrate court disposition may involve only a fine, community service, and, if appropriate, restitution. The health, safety, and welfare demand such custody; or. Subscribe today and SAVE up to 80% on this form. At any time prior to the adjudicatory hearing, unless a shorter time frame is specified by the court, a juvenile may request a community supervision period. The plan also should be provided to the juvenile's parents or legal guardians, attorney, probation officer, any applicable mental health professional, the prosecuting attorney, and the principal of the school that the juvenile will attend. Senior status (retired) circuit judges and former family court judges may also serve as juvenile drug court judges. Service must be accomplished either by first class mail or personal service. If a court grants a discretionary transfer motion, the juvenile has the right to appeal the transfer within 10 days after the entry of the transfer order or after a conviction for the offense on which the transfer was based. Any person or agency having any responsibility to execute the after-care plan is required to appear at the hearing unless excused by the court. The MDT is required to assess, plan, and implement an individually tailored service plan for the juvenile and family. Any information obtained as a result of a juvenile's participation in a restorative justice program is not admissible in any subsequent juvenile proceeding. The cases are handled as bench trials. W. Va. Code § 49-5-103(d)(6). The DHHR's recommendation must list appropriate in-state facilities and the projected date that the facilities could admit the juvenile. Each of the subsections specifically setting out grounds for mandatory or for discretionary transfer, however, requires only probable cause. Rule 14(e), RJP. W. Va. Code § 49-4-702. After a student leaves a school, the school official must seal the records and return them to the person designated by the circuit court. All Rights Reserved. Before placement, the court must also find that continuation in the home is contrary to the best interests of the juvenile, and that DHHR has made all reasonable efforts to prevent removal from the home or that such efforts are not required due to an emergency situation. Either at disposition or any time thereafter, the court may order that the case be transferred to the county where the juvenile resides. Habitual absence from school without good cause. State law has provisions requiring or allowing transfer of proceedings from juvenile to adult jurisdiction in some circumstances. The order must indicate why the public safety and the best interests of the juvenile are served by the disposition. A juvenile petition concerns a child under 18 years old. Description. In determining whether a juvenile should be released, a court must consider factors such as the nature of the offense alleged and whether a bond with special conditions or any available day-reporting supervision program would be a suitable alternative to detention and reduce the risk of flight or misconduct. Resources. W. Va. Code § 49-5-103(e). W. Va. Code § 49-4-406(a); Rule 35, RJP. However, a juvenile may not be detained in any jail or other adult facility. Rule 33, RJP. MS Word . If the court is considering placing the juvenile in DHHR custody or out of the home at DHHR expense, a referral to DHHR shall be made for a MDT assessment. No juvenile may enter a teen court program unless the juvenile's parent or guardian consents. A juvenile adjudicated delinquent for a nonviolent misdemeanor offense generally may not be ordered to an out-of-home placement with BJS or DHHR if that juvenile has no prior adjudications for a status or delinquency offense, or no prior period of pre-adjudicatory community supervision or probation for the current offense. Upon termination, the court must schedule an adjudicatory hearing on the original petition to commence within 30 days. At the transfer hearing, the West Virginia Rules of Evidence apply to any evidence relevant to the charged offense. The purpose for this requirement is to ensure that a juvenile learns basic life skills such as personal hygiene, job-seeking skills, educational or vocational instruction, and how to access community resources. Rule 28(b), RJP. Rules 8(g) and 44, RJP. Otherwise, the court must conduct the dispositional hearing within 60 days. One provision of the West Virginia Code generally requires the prosecutor to establish grounds for transfer by clear and convincing evidence. A juvenile charged with one or more delinquency offenses may be detained in a secure facility but only as permitted under strict standards that take into account an array of factors, particularly the seriousness of the alleged offense or offenses. W.Va. Code § 49-4-703. W. Va. Code § 49-4-710(a). Similarly, if a juvenile matter involves a nonviolent misdemeanor offense, the prosecutor has discretion to decide whether diversion is appropriate. On the advice of counsel, the juvenile may waive the preliminary hearing. W. Va. Code § 49-4-712(a). However, a court, for good cause, may order the removal of the petition to another county. The court is not, however, limited to what DHHR seeks in a further-disposition petition, and must make reasonable efforts to avoid the juvenile's removal from home. v. Kinder, 173 W. Va. 387, 317 S.E.2d 150 (1984) and Facilities Review Panel v. Coe, 187 W. Va. 541, 420 S.E.2d 532 (1992). If the charged offense is a misdemeanor, the court may transfer the case to magistrate court. In addition, if the juvenile is in DHHR custody, the court must determine whether the DHHR made reasonable efforts to finalize the permanency plan and state such findings in a written order. If the state does not prove its case, the court is required to dismiss the petition. Hearsay evidence may also be admitted if the court concludes that the evidence is reliable and it would be unreasonably burdensome to produce the primary source of the evidence. Unless juvenile proceedings are transferred to adult criminal proceedings, law enforcement records and files concerning a child or juvenile must be kept separate from the records and files of adults and should not be included within any court file. The court may admit reliable evidence with regard to any personal factors in cases in which transfer is discretionary. W. Va. Code § 49-4-702a(a). If the juvenile is detained temporarily in a facility, the court initially placing the juvenile is required to make case-specific findings as to why it is contrary to the welfare of the juvenile to remain in his or her home. The review team will then refer a modified diversion agreement back to the case worker, probation officer, or truancy diversion specialist; advise that a petition be filed with the court; or advise that an investigation for child abuse or neglect should be opened. W. Va. Code §§ 49-2-101 to 124. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. A person objecting to the plan must serve his or her adverse comments or objections on anyone who was provided with a copy of the after-care plan. W. Va. Code § 49-4-705(c)(2)(B). Rule 15(d), RJP. Rule 28, RJP. Juvenile Wardship Petition {JV-600} This is a California form that can be used for Juvenile within Judicial Council. The court must schedule a hearing on the motion with notice to the parties and counsel. After that, the prosecutor will determine how to proceed with the case, which may end in one of several ways: The juvenile’s counsel has the right to cross-examine any state witness and introduce any testimony or evidence on behalf of the juvenile. They include: West Virginia statutes and the Rules of Juvenile Procedure require that a juvenile be informed expressly and specifically of certain rights in three particular situations. If a federal subpoena for juvenile records is issued from a federal court or agency, then the juvenile records shall be disclosed. A dispositional hearing must be conducted within 30 days of the conclusion of the adjudicatory hearing if the juvenile is currently detained or being held in another type of out-of-home custody. Rule 18(b), RJP. W. Va. Code § 49-1-206; Rule 12(b)(1), RJP. In turn, the circuit court must conduct a detention review hearing under Rule 16 within three judicial days. The petition may be regarding the child’s delinquent behavior. A record must be made of the preliminary hearing. W. Va. Code § 49-5-101(h). Juvenile proceedings are governed principally by the statutes in Article 4 (Part VII) Sections 701 through 725, of Chapter 49 of the West Virginia Code and the West Virginia Rules of Juvenile Procedure (RJP).  In addition, the Juvenile Offender Rehabilitation Act, contained in Article 2 (Part X) of Chapter 49, requires the Department of Health and Human Resources (DHHR) and the Bureau of Juvenile Services (BJS) to provide services designed to prevent juvenile offenses and to rehabilitate juvenile offenders.  Article 4 (Part IV) of Chapter 49 governs multidisciplinary treatment teams and requires the DHHR and the BJS to convene individualized treatment teams in juvenile cases. Other BJS-operated facilities provide treatment, rehabilitation, and education in a range of minimum to maximum-security settings. The petition asks for an investigation or a hearing, to determine if the child is incorrigible. W. Va. Code § 49-4-406(c); W. Va. Code § 49-4-413(c). The petition must contain specific allegations of the essential facts within the petitioner's knowledge. Another "informal" alternative procedure is a teen court program, which the circuit court of any county or any municipality may establish. A juvenile adjudicated as a status offender generally may not be ordered to an out-of-home placement if that juvenile has no prior adjudications for a status or delinquency offense, or no prior period of pre-adjudicatory community supervision or probation for the current matter. W. Va. Code § 49-4-712(b)(1). West Virginia statutes place strict limitations on the type of juveniles who may be placed in secure facilities. Before disposition, the court may also order the juvenile to undergo examination, diagnosis, classification, and medical examination at a secure juvenile diagnostic center. Thus it appears that the prosecutor needs only to show that there is probable cause that grounds exist for a transfer. The juvenile is alleged to be a juvenile delinquent with a record of willful failure to appear at juvenile proceedings. If the matter involves a truancy offense, the prosecuting attorney is required to refer it to a DHHR worker, probation officer, or truancy diversion specialist for development of a diversion program. These standards, in substantially similar content, are now set out in Rules 12 and 13 of the Rules of Juvenile Procedure. News. Rule 15(c), RJP. Rule 45(b), RJP. A court may issue an arrest warrant if a juvenile does not appear after being personally served. The custody or "pick-up" order may be issued if there is probable cause that one of the following conditions exists: If a status offense petition has been filed, the judge or magistrate may issue an immediate custody order only if there is probable cause to believe: When a juvenile is taken into custody (with or without a court order), the law enforcement officer must immediately notify the juvenile's parent, guardian, or custodian and indicate the reasons the juvenile is in custody. Last updated: 12/31/2020 . If a juvenile fails to comply with the terms of the community supervision period, the prosecuting attorney or probation officer may file a motion to revoke the community supervision period. 14-68) and legislation (W. Va. Code §§ 15-9-1, et seq.  ) $ 13.99. During review hearings when a juvenile is placed in a QRTP, the court should continue to determine whether the QRTP remains the most appropriate level of care in the least restrictive environment for the juvenile. On Facebook. 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