W. Va. Code Â§ 49-4-714(a). These offenses include: Charges for these offenses may be brought against a juvenile by citation or by criminal complaint instead of by juvenile petition. Rule 14(e), RJP. W. Va. Code Â§ 49-4-413(b). W. Va. Code Â§ 49-4-711; Rule 28, RJP. Another "informal" alternative procedure is a teen court program, which the circuit court of any county or any municipality may establish. In cases where the juvenile is committed to DJS custody as a final disposition, the MDT must review plan progress at least quarterly. The DHHR also establishes standards for the care and services for juveniles placed with child welfare agencies, as well as exercise supervision and licensing authority over juvenile residential facilities operated by these agencies. When an after-care plan has been implemented, the juvenile's probation officer or community mental health center professional is to supervise the implementation of the plan and report the juvenile's progress to the court at least every sixty days. However, a juvenile may not be detained in any jail or other adult facility. Top results. The admission can be based upon the juvenile's statements on the record or upon the juvenile's statements that are contained in a written document signed by the juvenile and counsel. They seek to divert non-violent juvenile offenders who exhibit alcohol or substance abuse behavior to intensive, individualized rehabilitation and treatment. At a detention hearing or first appearance, the judicial officer must inform the juvenile of the right to remain silent, that any statement by the juvenile may be used against the juvenile, that the juvenile has a right to counsel, and that the juvenile may be interrogated only in the presence of a parent or counsel. Description. More Resources. The court cannot require a juvenile to admit to the alleged offense as a prerequisite to participation in the teen court program. W. Va. Code Â§ 49-5-101(e). No responsible adult can be found to take custody of the juvenile. W. Va. Code Â§ 49-4-714(c) and Â§ 49-4-404(b). When the court imposes this type of disposition, further juvenile proceedings are stayed. Releasing the juvenile would create an immediate threat to the health or welfare of the juvenile; A responsible adult cannot be found to take custody of the juvenile; There is a substantial likelihood that the juvenile would not appear for a court hearing or would not remain in the care or control of the person into whose custody the juvenile is released; or. JV-570 Request for Disclosure of Juvenile Case File Clerk stamps date here when form is filed. Similarly, the court must ascertain whether the juvenile understands that he or she has a right to an adjudication on the merits, including the right to require proof of all of the elements. If a juvenile is not released to a parent, guardian, custodian, or other responsible adult, the law enforcement officer must immediately bring the juvenile before a circuit court judge or magistrate for a detention hearing. If it is determined that detention is necessary, depending on the specific offense and circumstances, something less restrictive than secure detention (e.g. An offense that would be a felony offense if the juvenile had been an adult, and the juvenile has two prior delinquency adjudications for felony offenses. 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. Also, the BJS, DHHR, and Supreme Court jointly collect and compile data necessary to measure juvenile recidivism and evaluate the effectiveness of various treatment and rehabilitation programs. If a mistrial has been declared or a new adjudicatory hearing has been ordered following an appeal to the Supreme Court, a status conference must be conducted within 15 days to schedule a new adjudication hearing. If the court is considering placing the juvenile in DHHR custody or out-of-home at DHHR expense, the court is required to refer the juvenile for a multidisciplinary treatment team assessment. A non-secure facility is "any public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in such facility and which provides its residents access to the surrounding community with supervision." (a)(1) A petition alleging that a juvenile is a status offender or a juvenile delinquent may be filed by a person who has knowledge of or information concerning the facts alleged. Â§ 675a(c), certain requirements for these types of placements must be met in order for West Virginia to be reimbursed for the placement. Description. W. Va. Code Â§ 49-4-409(e); Rule 45(c), RJP. The DHHR has adopted a Youth Services Policy that is found in Chapter 12 of the Social Services Manual. See also, W. Va. Code Â§ 49-4-704(a). 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. If the juvenile does not admit to the allegations in a status offense petition, the state is required to prove by clear and convincing evidence that the juvenile committed the charged status offense. Probable cause is a much lower standard or burden of proof. MS Word. W. Va. Code Â§ 49-4-409(f) and (g); Rule 45(c), RJP. Background. W. Va. Code Â§ 49-4-406(c); W. Va. Code Â§ 49-4-413(c). Fillable PDF. The case plan is also to be based upon the results of a risk and needs assessment conducted within the last six months. A circuit judge may conduct a review hearing regarding a detention order and may continue, modify, or vacate any detention order as the judge deems appropriate. In any event, the juvenile must be released if not presented for hearing within one day of being taken into custody. W. Va. Code Â§ 49-4-709(a); Rule 29(a), RJP. W. Va. Code Â§ 49-4-708(a); Rule 18(a), RJP. If a juvenile admits to the allegations in the petition, the court is required to determine whether the juvenile understands the allegations and elements of each charge. After an adjudicatory hearing, the court is required to make findings of fact and conclusions of law with regard to the allegations in the petition. W. Va. Code Â§ 49-4-406(d)(4); Rule 43, RJP. 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. Finding the juvenile is in need of extra-parental supervision and placing the juvenile on supervised probation but leaving the juvenile in the custody of his or her parents. The sole mandatory issue at a detention hearing is whether the juvenile should be detained pending further court proceedings. W. Va. Code Â§ 49-4-718(a); Rule 39(g), RJP. If no adverse comments or objections are submitted, and the court finds the plan acceptable, it is not required to conduct a hearing. The cases are handled as bench trials. The following persons may move for the modification of a juvenile's disposition: the probation officer, an official from the DHHR, the director of BJS, the prosecutor, the juvenile, or the juvenile's parent or custodian. About this Form: In most jurisdictions, a Petition for Change of Name of Minor must be filed in the county court in which the minor child lives. 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. A status offender petition for truancy may also be made by a representative of the juvenile's school district. W. Va. Code Â§ 49-5-101; § 49-5-103; § 49-5-104; Rule 49, RJP. W. Va. Code Â§ 49-4-406(d)(4); Rule 43, RJP. The after-care plan must contain a detailed description of the education, counseling, and treatment received by the juvenile at the out-of-home placement, together with a proposed plan for further education, counseling, and treatment upon discharge. W. Va. Code Â§ 49-4-701(c). Subscribe Now. W. Va. Code Â§ 49-4-708(a)(4); Rule 27, RJP. Unless a specific statutory or rule exception applies, the presentation of the petition and verification must be made by a prosecuting attorney or a law enforcement officer. Juvenile Court Jurisdiction and Judicial Officers, Adjudication and Disposition in Status Offenses Cases, Adjudication and Disposition in Delinquency Cases. Except for the teen court judge (who must be an active or retired circuit judge or an active attorney-member of the State Bar), teen court officials and jurors are mainly volunteer students. If offered in the county or city of the alleged offense, the teen court program is available as an alternative to the initiation of formal proceedings, or, after the initiation of formal proceedings, as an alternative to proceeding to a disposition. If the judge orders the transfer of the case, the circuit clerk should be directed to send the file to the juvenile's home county. W. Va. Code Â§ 49-4-711(3); Rule 32, RJP. 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. Due to the special characteristics and needs of youth, statutes and rules provide greater protection for juveniles in some respects. When ordering a disposition, the court must consider the juvenile's best interest and the welfare of the public. Not all juveniles charged with acts that would be criminal if committed by an adult are dealt with under juvenile jurisdiction. Â W. Va. Code Â§ 49-4-701(a). W. Va. Code Â§ 49-4-702(c). 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. Placing the juvenile in BJS custody if the court finds that the best interests of the juvenile or the welfare of the public requires this type of disposition. A party may request the transfer, or the court can order it on its own motion. The MDT report should be provided to the court and parties at least 72 hours before the dispositional hearing. 2012) What's This? The court may also require a juvenile to undergo a screening process to identify treatment needs, or if additional information is necessary, a psychological examination. Juvenile Petition (Formal Proceedings) Law Enforcement Responsibilities Regarding Custody of Juveniles; Detention Hearing; Delinquency Offenses; Status Offenses; Juvenile Case Initiated by a Domestic Violence Emergency Protective Order; Preliminary Hearing; Pre-Adjudicatory Community Supervision Period ; Required Findings for Out-of-Home Placements of Juveniles; Child Support for Out … W. Va. Code Â§ 49-4-708(b); Rule 19, RJP. The Juvenile Justice Database (JJDB) is administered by the West Virginia Supreme Court for research and planning purposes. 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. W. Va. Code Â§ 49-5-103(d)(7). An annual report on compliance is sent to the U.S. Department of Justice. There are three kinds of facilities in which juveniles involved in juvenile proceedings may be detained or to which they may be committed: secure, staff secure, and non-secure facilities. 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. W. Va. Code Â§ 49-4-714(b)(6); Rule 41, RJP. A juvenile petition is in many ways the minor's version of a criminal complaint in adult cases. No juvenile may enter a teen court program unless the juvenile's parent or guardian consents. W. Va. Code Â§ 49-4-714(b)(6); Rule 41(d), RJP. Relevant Cases. W. Va. Code Â§ 49-Â¬2-902. Â W. Va. Code Â§ 49-4-705(a) Rule 6, RJP. If a juvenile is placed in the out-of-home custody of the DHHR in either a status offense or delinquency case, the court must conduct permanency hearings in order to comply with federal statutes and regulations. Rule 33, RJP. A dispositional order must contain written findings of fact. Â Juvenile jurisdiction applies if the accused was under eighteen when the alleged offense occurred. W. Va. Code Â§ 49-4-706(a); Rules 11-15, RJP. 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. W. Va. Code Â§ 49-4-711. W. Va. Code Â§ 49-4-711. W. Va. Code Â§ 49-4-701(b) and (e). A quarterly report is prepared and sent to the West Virginia Supreme Court. As an alternative type of informal resolution, the court may refer an alleged juvenile offender to a probation officer for counseling and advising in an effort toward informal adjustment when it appears that the court would have jurisdiction and that the best interests of the public and the juvenile would be served by this manner of resolution. W. Va. Code Â§ 49-2-702(e). A juvenile case is typically initiated by the filing of a juvenile petition alleging a status or delinquency offense. The clear and convincing standard is for the ultimate questions of guilt or innocence addressed in the adjudicatory hearing. The court may conduct permanency hearings concurrent with review hearings. North Carolina Courts. Last updated: 8/31/2020 . W. Va. Code Â§ 49-4-409(c); Rule 45(b), RJP. Rule 19(c), RJP. Appeal for Denial of Petition for Emergency Protective Order/TEPO W. Va. Code Â§ 49-4-409(c); Rule 45(c), RJP. W. Va. Code Â§ 49-4-706(a). Rule 8(c)(1), RJP. The petition and summons must be served upon the juvenile. Treason, murder, armed robbery, first-degree arson, kidnapping or first- degree sexual assault. It may be conducted by either a circuit court judge or a magistrate acting as a juvenile referee. While the juvenile is in diagnostic custody, the BJS must convene a multidisciplinary team to aid in determining the appropriate recommended disposition and submit a report to the court. W. Va. Code Â§ 49-5-7; Rule 8(a), RJP. West Virginia Code Â§ 49-4-710 and Rule 20 of the Rules of Juvenile Procedure govern the transfer of certain juvenile cases to adult criminal jurisdiction. The court must also find that there is a factual basis for the charges. For good cause, the court may extend the dispositional hearing for an additional period of 60 days. If a juvenile is adjudicated for second offense underage consumption, the court is required to order the juvenile to complete up to sixteen hours of community service, or impose a fine not to exceed $50, or both. If there is a prior family court order governing child support, the circuit court order will supersede the family court order while the juvenile is in the custody of either the DHHR or BJS. Rule 15(d), RJP. W. Va. Code Â§ 49-4-725(a). Any compelling reason must be documented in the juvenile's case plan. At the hearing, the court may transfer the respondent to an adult facility (upon his or her 18 birthday), a facility for youth offenders, and any other disposition that the court finds is appropriate. Once you have completed this process, return the Application to the Probation Department. These facilities are generally operated by private child welfare agencies under contract with the DHHR. W. Va. Code Â§ 49-4-705(c)(3). 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