Introduced Version
House Bill 2901 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2901
(By Delegates Shott, Moore, Ellington,
Gearheart and L. Phillips)
[Introduced March 12, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §49-5-11 of the Code of West Virginia,
1931, as amended, relating to juvenile proceedings; and
requiring the Supreme Court of Appeals and the county board of
education to each pay one half of the costs for hiring a
school-based juvenile probation officer under specified
circumstances.
Be it enacted by the Legislature of West Virginia:
That §49-5-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-11. Adjudication for alleged status offenders and
delinquents; mandatory initial disposition of
status offenders.
At the outset of an adjudicatory hearing, the court shall
inquire of the juvenile whether he or she wishes to admit or deny
the allegations in the petition. The juvenile may elect to stand mute, in which event the court shall enter a general denial of all
allegations in the petition.
(a) If the respondent juvenile admits the allegations of the
petition, the court shall consider the admission to be proof of the
allegations if the court finds:
(1) The respondent fully understands all of his or her rights
under this article;
(2) The respondent voluntarily, intelligently and knowingly
admits all facts requisite for an adjudication; and
(3) The respondent in his or her admission has not set forth
facts which constitute a defense to the allegations.
(b) If the respondent juvenile denies the allegations, the
court shall dispose of all pretrial motions and the court or jury
shall proceed to hear evidence.
(c) If the allegations in a petition alleging that the
juvenile is delinquent are admitted or are sustained by proof
beyond a reasonable doubt, the court shall schedule the matter for
disposition pursuant to section thirteen of this article.
(d) If the allegations in a petition alleging that the
juvenile is a status offender are admitted or sustained by clear
and convincing proof, the court shall refer the juvenile to the
Department of Health and Human Resources for services, pursuant to
section eleven-a of this article and order the department to report
back to the court with regard to the juvenile's progress at least every ninety days or until the court, upon motion or sua sponte,
orders further disposition under section eleven-a of this article
or dismisses the case from its docket: Provided, That in a
judicial circuit operating its own truancy program, a circuit judge
may in lieu of referring truant juveniles to the department, order
that the juveniles be supervised by his or her probation office:
Provided, however, That in a county that has established a truancy
program within a judicial circuit where a grant is provided by the
county board of education to the Supreme Court of Appeals to hire
a school-based juvenile probation officer to handle truancy
matters, then the Supreme Court of Appeals and the county board of
education shall each pay one half of the costs of the salary and
benefits for hiring a school-based juvenile probation officer.
(e) If the allegations in a petition are not sustained by
proof as provided in subsections (c) and (d) of this section, the
petition shall be dismissed and the juvenile shall be discharged if
he or she is in custody.
(f) Findings of fact and conclusions of law addressed to all
allegations in the petition shall be stated on the record or
reduced to writing and filed with the record or incorporated into
the order of the court.
NOTE: The purpose of this bill is to specify the allocation
of payment of salary and benefits for school-based juvenile
probation officers in counties which have established a truancy
program in a judicial circuit where a grant is provided by the county board of education to the Supreme Court of Appeals to hire
a school-based juvenile probation officer to handle truancy
matters.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.