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Engrossed Version Senate Bill 725 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 725

(By Senators Wooton, Craigo, Jackson, Walker,

White, Buckalew and Scott)

__________

[Originating in the Committee on the Judiciary;

reported March 6, 1998.]

__________

A BILL to repeal section thirteen-c, article five, chapter forty- nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, two, three, three-a, four, six, seven, eight, eight-a, nine, eleven, eleven-a, twelve, thirteen-a, fifteen and sixteen-a of said article; and to further amend said article by adding thereto a new section designated section two-a, all relating to making technical corrections and clarifications with regard to juvenile proceedings for status offenses and delinquency; eliminating certain obsolete references and provisions; providing for attendance at juvenile proceedings by certain persons, in the discretion of the presiding judicial officer; providing authorization for informal resolution by pre-petition diversion; clarifying that proceedings are formally instituted by the filing with the court of a juvenile petition; authorizing the court to require participation in noncustodial counseling a juvenile's parent, guardian or custodian; providing that certain examinations are discretionary with the court; clarifying who may demand a jury trial in a juvenile proceeding; eliminating certain referrals to or instances of custody by juvenile probation officers; eliminating certain obsolete provisions relating to taking juveniles into custody by way of warrant, capias or attachment; requiring a showing of probable cause in certain instances; requiring certain procedures and notifications when a juvenile is taken into custody; requiring the department of health and human resources to make certain reports to the court; providing for further disposition of adjudicated status offenders beyond the initial mandatory referral to the department of health and human resources; providing for appeal of such orders of further disposition; clarifying restrictions on the appointment of juvenile probation officers; and requiring that the director of the division of juvenile services propose certain legislative rules for promulgation.

Be it enacted by the Legislature of West Virginia:
That section thirteen-c, article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that sections one, two, three, three-a, four, six, seven, eight, eight-a, nine, eleven, eleven-a, twelve, thirteen-a, fifteen and sixteen-a of said article be amended and reenacted, and that said article be further amended by adding thereto a new section, designated section two-a, all to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.

§49-5-1. Definitions.
As used in this article:
(a) As used in this article, the term "Adult" means a person who is at least eighteen years of age.
(b) As used in this article, the term "Child" means a person who has not attained the age of eighteen years, or a person who is otherwise subject to the juvenile jurisdiction of a court pursuant to this article.
(c) As used in this article, the term "Extrajudicial statement" means any utterance, written or oral, which was made outside of court.
(d) As used in this article, the term "Juvenile" shall have has the same meaning as the term "child".
(e) As used in this article, the term "Res gestae" means a spontaneous declaration made by a person immediately after an event and before the person has had an opportunity to conjure a falsehood.
(f) As used in this article, the term "Violation of a traffic law of West Virginia" means a violation of any provision of chapter seventeen-a, seventeen-b, seventeen-c or seventeen-d of this code except a violation of chapter seventeen-c, article four, section one and or two, article four, chapter seventeen-c of this code (hit and run) or of chapter seventeen-c, article five, sections one (negligent homicide), two (driving under the influence of alcohol, controlled substances or drugs) or three (reckless driving) section one, article five of said chapter (negligent homicide), section two of said article (driving under the influence of alcohol, controlled substances or drugs) or section three of said article (reckless driving).
§49-5-2. Juvenile jurisdiction of circuit courts, magistrate courts and municipal courts; constitutional guarantees; hearings; evidence and transcripts.

(a) The circuit court shall have has original jurisdiction of proceedings brought under this article.
(b) If during a criminal proceeding in any court it is ascertained or appears that the defendant is under the age of nineteen years and was under the age of eighteen years at the time of the alleged offense, the matter shall be immediately certified to the juvenile jurisdiction of the circuit court. The circuit court shall assume jurisdiction of the case in the same manner as cases which are originally instituted in the circuit court by petition.
(c) Notwithstanding any other provision of this article, magistrate courts shall have concurrent juvenile jurisdiction with the circuit court for a violation of a traffic law of West Virginia or for any violation of chapter twenty of this code. Juveniles shall be are liable for punishment for violations of such these laws in the same manner as adults except that magistrate courts shall have no jurisdiction to impose a sentence of incarceration for the violation of such these laws.
(d) Notwithstanding any other provision of this article, municipal courts shall have concurrent juvenile jurisdiction with the circuit court for a violation of any municipal ordinance regulating traffic or for any municipal curfew ordinance which is enforceable. Municipal courts may impose the same punishment for such these violations as a circuit court exercising its juvenile jurisdiction could properly impose, except that municipal courts shall have no jurisdiction to impose a sentence of incarceration for the violation of such these laws.
(e) A juvenile may be brought before the circuit court for proceedings under this article only by the following means:
(1) By a juvenile petition requesting that the juvenile be adjudged neglected adjudicated as a status offender or a juvenile delinquent; or
(2) By certification or transfer to the juvenile jurisdiction of the circuit court from the criminal jurisdiction of the circuit court, from any foreign court, or from any magistrate court or municipal court in West Virginia. or
(3) By a warrant, capias or attachment which charges a juvenile with an act of delinquency, is issued by a judge, referee or magistrate, and is returnable to the circuit court.
(f) If a juvenile commits an act which would be a crime if committed by an adult, and the juvenile is adjudged adjudicated a delinquent for such that act, the jurisdiction of the court which adjudged the juvenile a delinquent shall continue continues until the juvenile becomes twenty-one years of age. The court shall have has the same power over the that person that it had before he or she became an adult, and shall have has the further power to sentence the that person to a term of incarceration: which cannot Provided, That any such term of incarceration may not exceed six months. This authority shall not does not preclude the court from exercising criminal jurisdiction over the that person if he or she violates the law after becoming an adult or if the proceedings have been transferred to the court's criminal jurisdiction pursuant to section ten of this article.
(g) A juvenile shall be is entitled to be admitted to bail or recognizance in the same manner as an adult and shall have be afforded the protection guaranteed by Article III of the West Virginia Constitution.
(h) A juvenile shall have has the right to be effectively represented by counsel at all stages of proceedings under the provisions of this article. If the juvenile or the juvenile's parents parent or custodian executes an affidavit showing that the juvenile cannot afford an attorney, the court shall appoint an attorney, who will shall be paid in accordance with article twenty-one, chapter twenty-nine of this code.
(i) In all proceedings under this article, the juvenile shall have be afforded a meaningful opportunity to be heard. This includes the opportunity to testify and to present and cross-examine witnesses. The general public shall be excluded from all such proceedings under this article except that persons whose presence is requested by the parties and other persons whom the circuit court determines have a legitimate interest in the proceedings may attend: Provided, That in cases in which a juvenile is accused of committing what would be a felony if the juvenile were an adult, an alleged victim or his or her representative may attend any related juvenile proceedings, at the discretion of the presiding judicial officer: Provided, however, That in any case in which the alleged victim is a juvenile, he or she may be accompanied by his or her parents or representative, at the discretion of the presiding judicial officer.
(j) At all adjudicatory hearings held under this article, all procedural rights afforded to adults in criminal proceedings shall be applicable afforded the juvenile unless specifically provided otherwise in this chapter.
(k) At all adjudicatory hearings held under this article, the rules of evidence applicable in criminal cases shall apply, including the rule against written reports based upon hearsay.
(l) Except for res gestae, extrajudicial statements other than res gestae, which were made by a juvenile under who has not attained fourteen years of age to law-enforcement officials or while in custody shall not be are not admissible unless such those statements were made in the presence of the juvenile's counsel. Except for res gestae, extrajudicial statements other than res gestae, which were made by a juvenile who is under has not attained sixteen years of age but above the age of who is at least thirteen years of age to law-enforcement officers or while in custody, shall not be are not admissible unless made in the presence of the juvenile's counsel or made in the presence of, and with the consent of, the juvenile's parent or custodian, who and the parent or custodian has been fully informed regarding the juvenile's right to a prompt detention hearing, the juvenile's right to counsel, including appointed counsel if the juvenile cannot afford counsel, and the juvenile's privilege against self- incrimination.
(m) A transcript or recording shall be made of all transfer, adjudicatory and dispositional hearings. At the conclusion of any hearing each of these hearings, the circuit court shall make findings of fact and conclusions of law, both of which shall appear on the record. The court reporter shall furnish a transcript of the proceedings at no charge to any indigent juvenile who seeks review of any proceeding under this article if an affidavit is filed stating that neither the juvenile nor the juvenile's parents or custodian have the ability to pay for the transcript.
§49-5-2a. Pre-petition diversion to informal resolution.
Before a juvenile petition is formally filed with the court, the court may refer the matter to a state department worker or probation officer for preliminary inquiry to determine whether the matter can be resolved informally without the formal filing of a petition with the court.
§49-5-3. Noncustodial counseling of a juvenile.
The court at any time, or the department or other official upon a request from a parent, guardian or custodian, may, without institution of before proceedings under this article are formally instituted by the filing of a petition with the court, refer a juvenile alleged to be delinquent or a status offender to a counselor at the department or a community mental health center, or other professional counselor in the community. In the event the juvenile refuses to respond to such reference this referral, the department may serve a notice by first-class mail or personal service of process upon the juvenile, setting forth the facts and stating that the department will seek a noncustodial order will be sought from the court directing the juvenile to submit to counseling. The notice shall set forth the time and place for the hearing on the matter. The court or referee after a hearing may direct the juvenile to participate in a noncustodial period of counseling that may not to exceed six months. Upon recommendation of the department or request by the juvenile's parent, custodian or guardian, and with the consent of the juvenile's parent, custodian, or guardian, the court or referee may also allow or require the participation of such parent, custodian or guardian to participate in said this noncustodial counseling. No information obtained as the result of such this counseling shall be is admissible in a subsequent proceeding under this article.
§49-5-3a. Informal adjustment counseling by probation officer.

(a) Before a petition is formally filed with the court, the probation officer or other officer of the court designated by it, subject to its direction, may give counsel and advice to the parties with a view to an informal adjustment if it appears:
(1) The admitted facts bring the case within the jurisdiction of the court;
(2) Counsel and advice without an adjudication would be in the best interest of the public and the child juvenile; and
(3) The child juvenile and his parents, guardian or other custodian consent thereto with knowledge that consent is not obligatory.
(b) The giving of counsel and advice pursuant to this section cannot extend beyond may not continue longer than six months from the day it is commenced unless extended by the court for an additional period not to exceed six months.
§49-5-4. Wards of the court.

A person under the age of eighteen years who appears before the circuit court in any capacity proceedings under this article shall be deemed to be considered a ward of the court and protected accordingly. Such The court or judge thereof shall may request the county health officer in any county employing a full- time health officer to make a physical and mental examination of the wards of the court as defined in this section. Such The health officer shall, as promptly as may be, furnish to the court or judge a written report of such these examinations on forms to be furnished to said the health officer by the court. In those counties not employing a full-time health officer, the court or judge may designate a reputable physician of the county to make such mental and physical examinations pursuant to this section and render such written reports to the court. When any such mental and physical examination is made and any such report rendered, the state shall pay to the examining physician a sum not to exceed ten dollars for each such mental and physical examination, upon certification of the fact of such examination by the court or the judge thereof.
§49-5-6. Jury trial under article.

In a proceeding under this article, an interested person the juvenile, the juvenile's counsel or the juvenile's parent or guardian, or any one of them may demand, or the judge of his or her own motion, may order a jury of twelve persons to try any question of fact.
§49-5-7. Institution of proceedings by petition; notice to juvenile and parents; subpoena.

(a) (1) A petition alleging that a child juvenile is a status offender or a juvenile delinquent child may be filed by a person who has knowledge of or information concerning the facts alleged. The petition shall be verified by the petitioner, shall set forth the name and address of the child's juvenile's parents, guardians or custodians, if known to the petitioner, unless the petitioner is the natural parent, guardian or custodian and shall be filed in the circuit court in the county where the alleged status offense or act of delinquency occurred: Provided, That any proceeding under this chapter may be removed, for good cause shown, in accordance with the provisions of section one, article nine, chapter fifty-six of this code. The court may refer the matter to a state department worker or probation officer for preliminary inquiry to determine whether the matter can be resolved informally without the filing of a petition. The petition shall contain specific allegations of the conduct and facts upon which the petition is based, including the approximate time and place of the alleged conduct; a statement of the right to have counsel appointed and consult with counsel at every stage of the proceedings; and the relief sought.
(2) Upon the filing of the petition, the court shall set a time and place for a preliminary hearing as provided in section nine of this article and may appoint counsel. A copy of the petition and summons may be served upon the respondent child juvenile by first class mail or personal service of process. If a child juvenile does not appear in response to a summons served by mail, no further proceeding may be held until the child juvenile is served a copy of the petition and summons by personal service of process. If such a child a juvenile fails to appear in response to a summons served in person upon him or her, an order of arrest may be issued by the court for that reason alone.
(b) The parents, guardians or custodians shall be named in the petition as respondents, and shall be served with notice of the proceedings in the same manner as provided in subsection (a) of this section for service upon the child juvenile and required to appear with the child juvenile at the time and place set for the proceedings unless such respondent cannot be found after diligent search. If any such respondent cannot be found after diligent search, the court may proceed without further requirement of notice: Provided, That the court may order service by first class mail to the last known address of such respondent. The respondent shall have be afforded fifteen days after the date of mailing to appear or answer.
(c) The court or referee may order the issuance of a subpoena against the person having custody and control of the child juvenile ordering him or her to bring the child juvenile before the court or referee.
(d) When any case of a child juvenile charged with the commission of a crime is certified or transferred to the circuit court, or brought before the court by warrant pursuant to section two of this article, the court or referee shall forthwith cause the child juvenile and his or her parents, guardians or custodians to be served with a petition, as provided in subsections (a) and (b) of this section. In the event the child juvenile is in custody, the petition shall be served upon the child juvenile within ninety-six hours of the time custody began, or and if the petition is not served within that time, the child juvenile shall be released from custody forthwith.
(e) The clerk of the court shall promptly notify the state department of health and human resources of all proceedings under this article.
§49-5-8. Taking a juvenile into custody.
(a) In proceedings formally instituted by the filing of a juvenile petition, the circuit court may enter issue an order directing that a juvenile be taken into custody before adjudication only if upon a showing of probable cause to believe that one of the following conditions exist exists: (1) The petition shows that grounds exist for the arrest of an adult in identical circumstances; (2) the health, safety and welfare of the juvenile demand such custody; (3) the juvenile is a fugitive from a lawful custody or commitment order of a juvenile court; or (4) the juvenile is an alleged to be a juvenile delinquent and has with a record of willful failure to appear at juvenile proceedings and custody is necessary to assure his or her presence before the court. A detention hearing pursuant to section eight-a of this article shall be held by the judge, juvenile referee or magistrate authorized to conduct such hearings without unnecessary delay by the judge, juvenile referee or magistrate authorized to conduct such hearing, and in no event shall the may any delay exceed the next day. and such juvenile shall be released on recognizance to his or her parent, guardian or custodian unless findings are made as specified in subsection (a) of section eight-a of this article.
(b) Absent a warrant or court order, a juvenile may be taken into custody by a law-enforcement official only if one of the following conditions exist exists: (1) Grounds exist for the arrest of an adult in identical circumstances; (2) emergency conditions exist which, in the judgment of the officer, pose imminent danger to the health, safety and welfare of the juvenile; (3) the official has reasonable grounds to believe that the juvenile has left the care of his or her parents, guardian or custodian without the consent of such person, and the health, safety and welfare of the juvenile is endangered; (4) the juvenile is a fugitive from a lawful custody or commitment order of a juvenile court; or (5) the official has reasonable grounds to believe the juvenile to have been driving a motor vehicle with any amount of alcohol in his or her blood.
(c) Upon taking a juvenile into custody, with or without a warrant or court order, the official shall:
(1) Immediately notify the juvenile's parent, guardian, custodian or, if the parent, guardian or custodian cannot be located, a close relative;
(2) Release the juvenile into the custody of his or her parent, guardian or custodian unless: the circumstances warrant otherwise: Provided, That an alleged status offender shall not be detained in a secure facility in any case and in a staff- secure facility only if:
(A) Circumstances present an immediate threat of serious bodily harm to the juvenile if released; or
(B) No responsible adult can be found into whose custody the juvenile can be delivered: Provided, That each day the juvenile is detained, a written record must be made of all attempts to locate such a responsible adult; and, after the initial detention, a lawyer shall be appointed to represent the juvenile by the end of the next calendar day;
(3) Refer the matter to the prosecuting attorney, department or probation officer for proceedings under this article; and
(4) If a juvenile is being held in custody absent a warrant or court order, cause a warrant or order, as the case may be, to be immediately issued authorizing the detention of such juvenile.
(3) If the juvenile is an alleged status offender, immediately notify the department of health and human resources, and, if the circumstances of either paragraph (A) or (B), subdivision (2) of this subsection exist and the requirements therein are met, the official may detain the juvenile, but only in a nonsecure or staff-secure facility;
An alleged status offender detained pursuant to paragraphs (A) and (B) of subdivision (2) herein shall be placed in the custody of the department.
(4) Take the juvenile without unnecessary delay before a juvenile referee or judge of the circuit court for a detention hearing pursuant to section eight-a of this article: Provided, That if no judge or juvenile referee is then available in the county, the official shall take the juvenile without unnecessary delay before any magistrate then available in the county for the sole purpose of conducting such a detention hearing. In no event may any delay in presenting the juvenile for a detention hearing exceed the next day after he or she is taken into custody.
(d) If an alleged status offender is taken into custody pursuant to this section, the department shall be immediately. notified. Such child shall be placed in the custody of the department and shall not be confined in a secure facility.
(e) (d) In the event that a child juvenile is delivered into the custody of a sheriff or director of a detention facility, such the sheriff or director shall immediately notify the court or juvenile referee. Said The sheriff or director shall immediately provide to every child juvenile who is delivered into his or her custody a written statement explaining the child's juvenile's right to a prompt detention hearing, his or her right to counsel, including appointed counsel if he or she cannot afford counsel, and his or her privilege against self- incrimination. In all cases when a child juvenile is delivered into a sheriff's or detention center director's custody, the child shall be released that official shall release the juvenile to his or her parent, guardian or custodian by the end of the next day after being delivered into such custody, unless the child juvenile has been placed in detention after a hearing conducted pursuant to section eight-a of this article.
(f) A child in custody must immediately be taken before a referee or judge of the circuit court and in no event shall a delay exceed the next day: Provided, That if there be no judge or referee then available in the county, then such child shall be taken immediately before any magistrate in the county for the sole purpose of holding a detention hearing.
§49-5-8a. Detention hearing; counsel.
(a) The judge, juvenile referee or magistrate shall inform the juvenile of his or her right to remain silent, that any statement may be used against him or her and of his or her right to counsel, and no interrogation shall may be made without the presence of a parent or counsel. If the juvenile or his or her parent, guardian or custodian has not retained counsel, counsel shall be appointed as soon as practicable. The referee, judge or magistrate shall hear testimony concerning the circumstances for taking the juvenile into custody and the possible need for detention in accordance with section two, article five-a of this chapter. The sole mandatory issue at the detention hearing shall be is whether the juvenile shall should be detained pending further court proceedings. The court shall, if advisable, and if the health, safety and welfare of the juvenile will not be endangered thereby, release the juvenile on recognizance to his or her parents, custodians or an appropriate agency; however, if warranted, the court may require bail, except that bail may be denied in any case where bail could be denied if the accused were an adult. The court shall:
(1) Immediately notify the juvenile's parent, guardian or custodian or, if the parent, guardian or custodian cannot be located, a close relative;
(2) Release the juvenile into the custody of his or her parent, guardian or custodian unless:
(A) Circumstances present an immediate threat of serious bodily harm to the juvenile if released; or
(B) No responsible adult can be found into whose custody the juvenile can be delivered:
Provided, That each day the juvenile is detained, a written record must be made of all attempts to locate such a responsible adult; and
(3) If the juvenile is an alleged status offender, immediately notify the department of health and human resources, and, if the circumstances of either paragraph (A) or (B) of subdivision (2) of this subsection exist and the requirements therein are met, the court may order the juvenile detained, but only in a nonsecure or staff-secure facility. Any juvenile detained pursuant to this subdivision shall be placed in the legal custody of the department of health and human resources pending further proceedings by the court.

(b) The judge of the circuit court or the juvenile referee may, in conjunction with the detention hearing, conduct a preliminary hearing pursuant to section nine of this article: five of this chapter: Provided, That all parties are prepared to proceed and the juvenile has counsel during such hearing.
§49-5-9. Preliminary hearing; counsel; improvement period.
(a) Following the filing of a juvenile petition, unless a preliminary hearing has previously been held in conjunction with a detention hearing with respect to the same charge contained in the petition, the circuit court or referee shall hold a preliminary hearing. In the event that the juvenile is in custody, such being detained, the hearing shall be held within ten days of the time the juvenile is taken into custody placed in detention unless good cause be is shown for a continuance. If no preliminary hearing is held within ten days of the time the juvenile is taken into custody placed in detention, the juvenile shall be released on recognizance unless the hearing has been continued for good cause. If the judge is in another county in the circuit, the hearing may be conducted in such that other county. The preliminary hearing may be waived by the juvenile, upon advice of his counsel. At the hearing, the court or referee shall:
(1) If the juvenile is not represented by counsel, inform the juvenile and his or her parents, guardian or custodian or any other person standing in loco parentis to him or her of the juvenile's right to be represented at all stages of proceedings under this article and the right to have counsel appointed;
(2) Appoint counsel by order entered of record, if counsel has not already been retained, appointed or knowingly waived;
(3) Determine after hearing if there is probable cause to believe that the juvenile is a status offender or a juvenile delinquent. If probable cause is not found, the juvenile, if in detention, shall be released and the proceedings dismissed. If probable cause is found, the case shall proceed to adjudication. At the this hearing or as soon thereafter as is practicable, the date for the adjudicatory hearing shall be set to give the juvenile and the juvenile's parents and attorney at least ten days' notice, unless notice is waived by all parties;
(4) In lieu of placing the juvenile in a detention facility, when bond is not provided, the court may place the juvenile in the temporary legal and/or physical custody of the department. pursuant to section sixteen, article two of this chapter or may place the juvenile, if the juvenile is an alleged delinquent, in the custody of a probation officer. If the juvenile is detained, in custody, the detention shall may not continue longer than thirty days without commencement of the adjudicatory hearing unless good cause for a continuance be is shown by either party or, if a jury trial be is demanded, no longer than the next regular term of said the court: Provided, That a juvenile who is alleged to be a status offender may not be placed in a secure detention facility; and
(5) Inform the juvenile of the right to demand a jury trial.
(b) The juvenile may move to be allowed an improvement period for a period not to exceed one year. If the court is satisfied that the best interest of the juvenile is likely to be served by an improvement period, the court may delay the adjudicatory hearing and allow a noncustodial improvement period upon terms calculated to serve the rehabilitative needs of the juvenile. At the conclusion of the improvement period, the court shall dismiss the proceeding if the terms have been fulfilled; otherwise, the court shall proceed to the adjudicatory stage. A motion for an improvement period shall may not be construed as an admission or be used as evidence.
§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.
(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.
§49-5-11a. Status offenders: Intervention and services by state department pursuant to initial disposition; enforcement; further disposition; detention; out-of-home placement; state department custody; least restrictive alternative; appeal.

(a) Services for status offenders provided by the department for juveniles adjudicated as status offenders shall be consistent with the provisions of article five-b of this chapter and shall be designed to develop skills and supports within families and to resolve problems related to the juveniles or conflicts within their families. Services may include, but are not limited to, referral of juveniles and parents, guardians, or custodians and other family members to services for psychiatric or other medical care, or psychological, welfare, legal, educational, or other social services, as appropriate to the needs of the juveniles juvenile and the his or her family.
(b) If necessary, the department may petition the circuit court:
(1) For a valid court order, as defined in section four, article one of this chapter, to enforce compliance with a service plan or to restrain actions that interfere with or defeat a service plan; or
(2) For a valid court order to place a juvenile out-of-home in a nonsecure or staff-secure setting, and/or to place a juvenile in custody of the department.
(c) In ordering any further disposition under this section, the court shall not be is not limited to the relief sought in the department's petition and shall make every effort to place juveniles in community-based facilities which are the least restrictive alternatives appropriate to the needs of the juvenile and the community.
(d) The disposition of the juvenile may not be affected by the fact that the juvenile demanded a trial by jury or made a plea of denial. Any order providing disposition other than mandatory referral to the department for services is subject to appeal to the supreme court of appeals.
(e) Following any further disposition by the court, the court shall inquire of the juvenile whether or not appeal is desired and the response shall be transcribed; a negative response may not be construed as a waiver. The evidence shall be transcribed as soon as practicable and made available to the juvenile or his or her counsel, if it is requested for purposes of further proceedings. A judge may grant a stay of execution pending further proceedings.
§49-5-12. Prosecuting attorney to represent petitioner.

The prosecuting attorney shall represent the petitioner in all juvenile proceedings under this article before the court, referee or magistrate having juvenile jurisdiction.
§49-5-13a. Examination, diagnosis and classification; period of custody.

After adjudication As a part of the dispositional proceeding for a juvenile who has been adjudicated delinquent, the court may, upon its own motion or upon request of counsel, may order the child juvenile to be delivered into the custody of the commissioner of corrections director of the division of juvenile services, who shall cause such child the juvenile to be forthwith transferred to a juvenile diagnostic center for a period not to exceed thirty days. During such this period, such child the juvenile shall undergo examination, diagnosis, classification, and a complete medical examination and shall at all times be kept in an area wholly segregated apart from the general juvenile inmate population in the director's custody. of the commissioner of corrections Not later than thirty days after commitment pursuant to this section, such the juvenile shall be remanded and delivered to the custody of the juvenile probation officer of the county wherein the child was adjudicated delinquent or to the custody of such the director, an appropriate agency or any other person as that the court shall direct by its order directs. Within ten days following the termination after the end of such the examination, diagnosis and classification, the commissioner of corrections director of the division of juvenile services shall make or cause to be made a report to the court containing the results, findings, conclusions and recommendations of the commissioner director with respect to such child that juvenile.
§49-5-15. Juvenile probation officers; appointment; salary; facilities; expenses; duties; powers.
(a) (1) Each circuit court, subject to the approval of the supreme court of appeals and in accordance with the rules of the supreme court of appeals, shall appoint one or more juvenile probation officers and clerical assistants for the circuit. Aprobation officer or clerical assistant shall may not be related by consanguinity or affinity blood or marriage to any the appointing judge. of the appointing court.
(2) The salary for juvenile probation officers and clerical assistants shall be determined and fixed by the supreme court of appeals. All expenses and costs incurred by the juvenile probation officers and their staff shall be paid by the supreme court of appeals in accordance with its rules. The county commission of each county shall provide adequate office facilities for juvenile probation officers and their staff. All equipment and supplies required by juvenile probation officers and their staff shall be provided by the supreme court of appeals.
(3) A juvenile probation officer shall may not be considered a law-enforcement official under any provision of this chapter.
(b) The clerk of a court shall notify, if practicable, the chief probation officer of the county, or his or her designee, when a child juvenile is brought before the court or judge for proceedings under this article. When notified, or if the probation officer otherwise obtains knowledge of such fact, he or she or one of his or her assistants shall:
(1) Make investigation of the case; and
(2) Furnish such information and assistance as that the court or judge may require. and
(3) Take charge of the child before and after the trial, as may be directed by the court or judge.
§49-5-16a. Rules governing juvenile facilities.

The director of the division of juvenile services within the department of military affairs and public safety shall prescribe written propose legislative rules subject to the provisions of for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, outlining policies and procedures governing the operation of those correctional, detention, predispositional detention centers and other facilities wherein juveniles may be housed. Said These policies and procedures shall include, but shall not be are not limited to, standards of cleanliness, temperature and lighting; availability of medical and dental care; provision of food, furnishings, clothing and toilet articles; supervision; procedures for enforcing rules of conduct consistent with due process of law; and visitation privileges. On and after the first day of January, one thousand nine hundred seventy-nine, a child A juvenile in custody or detention shall have has, at a minimum, the following rights, and the policies prescribed shall ensure that:
(1) A child shall juvenile may not be punished by physical force, deprivation of nutritious meals, deprivation of family visits or imposition of solitary confinement;
(2) A child juvenile shall have the be afforded an opportunity to participate in physical exercise each day;
(3) Except for sleeping hours, a child juvenile in a state facility shall may not be locked alone in a room unless such child that juvenile is out of control not amenable to reasonable direction and control;
(4) A child juvenile shall be provided with his or her own clothing or individualized clothing which is clean and supplied by the facility, and shall also be afforded daily access to showers;
(5) A child juvenile shall haven be afforded constant access to writing materials and may send mail without limitation, censorship or prior reading, and may receive mail without prior reading, except that mail may be opened in the child's juvenile's presence, without being read, to inspect for contraband;
(6) A child juvenile may make and receive regular local phone calls without charge and long distance calls to his or her family without charge at least once a week, and receive visitors daily and on a regular basis;
(7) A child juvenile shall have be afforded immediate access to medical care as needed;
(8) A child juvenile in a juvenile detention facility or state institution juvenile corrections facility shall be provided access to education, including teaching, educational materials and books;
(9) A child juvenile shall have be afforded reasonable access to an attorney upon request; and
(10) A child juvenile shall be afforded a grievance procedure, including an appeal mechanism.
Upon admission to a jail, detention facility or institution juvenile corrections facility, a child juvenile shall be furnished with a copy of the rights provided him or her by virtue of this section and as further prescribed by rules proposed and promulgated pursuant to this section.
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