The basis for the alleged probation violation must be set forth in a verified petition. Delinquency entails an act that would be a crime under state law or municipal ordinance if committed by an adult.  W. Va. Code § 49-1-202. Order On Petition For Access To Juvenile Case File {JV-573} This is a California form that can be used for Juvenile within Judicial Council. W. Va. Code § 49-4-704(a); Rule 8(a), RJP. W. Va. Code § 49-4-409(e); Rule 45(c), RJP. Rule 45(d), RJP. These records may not be opened except upon order of the circuit court. The petition must indicate the approximate time and place of the alleged conduct of the named juvenile respondent.  This committee is charged by executive order (EO No. The petition asks for an investigation or a hearing, to determine if the child is incorrigible. W. Va. Code § 49-4-409(f) and (g); Rule 45(c), RJP. Rule 34(b), RJP. At the preliminary hearing, the court may admit any evidence that would be admissible under the applicable rules of evidence in a criminal trial. 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. The court is required to review the juvenile's progress during judicial reviews. The prosecutor is required to disclose any evidence at least seven days before the transfer hearing, and the juvenile's counsel is required to disclose evidence at least four days before the transfer hearing. Rules 6(a)(5)(G), 12(d), 14(e), 15(f), 19(d), 38(d)(1), and 39(b)-(c), RJP. As noted previously, an alleged status offender may be placed only in a non-secure or staff-secure facility. A restorative justice program is a community-based program designed to emphasize repairing the harm to the victim and community caused by the juvenile. A juvenile delinquency case is also automatically initiated if an emergency protective order is issued by a magistrate in a domestic violence proceeding against the juvenile, and the petitioner in the domestic violence proceeding is the juvenile's parent, legal guardian, custodian, or other person residing with the juvenile. The involved case worker, probation officer, or truancy diversion specialist will monitor the juvenile's compliance with the terms of the diversion agreement. January 1, 2020] JUVENILE WARDSHIP PETITION. Juvenile drug courts are community-based programs designed to provide intensive supervision and individualized rehabilitative services to non-violent juvenile offenders with drug or alcohol problems. (a) In aid of disposition of juvenile delinquents, the juvenile probation officer assigned to the court shall, upon request of the court, make an investigation of the environment of the juvenile and the alternative dispositions possible. To determine an appropriate disposition, the court may require a juvenile probation officer to prepare a predisposition report on the juvenile. Rule 47, RJP. Subsequently, the court must conduct permanency review hearings at least once every twelve months. Lewis v. Stephens, 199 W. Va. 180, 483 S.E.2d 526 (1996); W. Va. Code § 49-4-106. The disposition may include reasonable orders to parents, guardians, or custodians needed to make the disposition effective. Except in extraordinary circumstances, a court may not order placement of a juvenile in a facility that is at licensed capacity. A juvenile is entitled to discovery under Rule 21 of the Rules of Juvenile Procedure before the transfer hearing, and discovery must be relevant to both the charged offense and any personal factors that the State intends to rely upon as a basis for transfer. 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. In the absence of a court order to take a juvenile into custody, a law enforcement officer may take a juvenile into custody only if one of the following conditions exists: If a juvenile delinquency petition has been filed, the circuit court judge or magistrate may issue an order that authorizes a juvenile to be taken into custody. Juveniles referred to and found eligible for juvenile drug court participation must successfully complete the program or they will return to circuit court for resumption of formal juvenile proceedings. In these circumstances, the court, within 45 days of receiving the plan, should issue an order adopting the plan. The court either may modify or revoke the juvenile's probation if it finds, by clear and convincing evidence, that there was a substantial violation of any probationary terms. More Resources. A juvenile may elect to testify about the charged offense and with regard to the personal factors. When a juvenile has been committed to BJS, including those cases in which the juvenile has been committed for examination and diagnosis, BJS must promptly convene a MDT and conduct an assessment and prepare an individualized service plan, which shall be provided to the court. A juvenile petition is in many ways the minor's version of a criminal complaint in adult cases. Intervention can involve the referral of a juvenile matter for informal resolution without the formal filing of a petition with the court.  Depending on the circumstances, such a referral can result in a prepetition diversion agreement with specific terms (W. Va. Code § 49-4-702) or a period of counseling or community service (W. Va. Code § 49-4-702a).  If the juvenile successfully completes the diversion agreement or period of counseling/community service, the matter is concluded without a petition being filed and formal court proceedings being conducted. Rule 41(c), RJP. This is an overview of juvenile rights. The evaluation may be arranged for by the community mental health center where the juvenile resides. A petition must be filed with the circuit court in the county where the delinquency or status offense allegedly occurred. Regarding consequences, the court must determine whether the juvenile understands the possible dispositions that may be imposed. Such reports are for disposition determinations and may not be relied upon by the judge in making a determination of adjudication. Subscribe today and SAVE up to 80% on this form. 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. In these domestic violence cases as well, there is a presumption that the juvenile should be released. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. These findings should be included in a written order that authorizes the removal of the juvenile from the home. A party may request the transfer, or the court can order it on its own motion. W. Va. Code § 49-4-705(c)(3); Rule 15(b), RJP. News. A record must be made of the preliminary hearing. Offender Services. Before a petition is filed, a DHHR worker or other official such as a probation officer, upon the request of a juvenile's parent, guardian, or custodian, may refer a juvenile for such counseling and services. At the time of the hearing, the judicial officer must contact the juvenile’s parent, guardian, custodian, or, if necessary, a close relative. Subscribe Now. If the juvenile elects to testify about the personal factors only, the juvenile may not be cross-examined about the charged offense. Driving privileges may be suspended only for a period of two years. Any information obtained during the period of pre-petition counseling and services is inadmissible in any subsequent proceeding. This type of facility has been developed to comply with federal provisions found in 42 U.S.C. MS Word. 2020 West Virginia Court System - Supreme Court of Appeals.  Although cases are cited where relevant, this overview does not summarize the substantial body of juvenile case law from the Supreme Court of Appeals of West Virginia (West Virginia Supreme Court).Â. The juvenile is a named respondent in an emergency domestic violence protective order and the petitioner is the juvenile's parent, guardian, or custodian or other person who resides with the juvenile. Any of the persons provided with a copy of the after-care plan may submit written comments or objections to the court within 21 days of service of the after-care plan. If the juvenile successfully completes the terms of the diversion agreement, no petition is filed and the matter is concluded. W. Va. Code § 49-5-106. Under no circumstances are schools allowed to transmit a juvenile's records to another school. Other BJS-operated facilities provide treatment, rehabilitation, and education in a range of minimum to maximum-security settings. W. Va. Code § 49-4-705(c)(1); Rule 6(a)(11), RJP. Sess. Overview of the Courts Court Hours and Locations Supreme Court Court of Appeals Superior Court District Court Business Court Recovery Courts Related links. For a juvenile adjudicated for a delinquency offense, juvenile jurisdiction may continue to age 21.  W. Va. Code § 49-4-701(f)(1). If a juvenile either stands silent or denies the allegations, the court must conduct a contested adjudicatory hearing. The process differs slightly among states, but typically begins when a parent, guardian, custodian, or child therapist submits a petition or statement to a prosecutor or juvenile intake officer. Before the juvenile has turned 18, he or she may not be incarcerated in an adult correctional facility W. Va. Code § 49-4-720. W. Va. Code § 49-4-703. Rule 46, RJP. When the court imposes this type of disposition, further juvenile proceedings are stayed. It may be conducted at the same time as a detention hearing if the parties are prepared to proceed and the juvenile is represented by counsel. Upon conducting a review hearing, the court may determine that modification of the conditions of probation are warranted. Rule 45(a), RJP. § 675a, which were enacted as part of the Family First Prevention Services Act of 2018. California Family Law. The judge also must order DHHR to report the juvenile’s progress to the court at least every 90 days or until the judge (on motion by DHHR or a party or on the judge’s own motion) orders further disposition or dismisses the case from the court’s docket. A juvenile, whether a status or delinquency offender, may be subject to placement in a qualified residential treatment program or QRTP. 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. The prepetition review team will review the diversion agreement and service referrals completed, and determine whether other appropriate services are available to address the needs of the juvenile. A plan for transition shall begin upon the juvenile's entry into a residential facility. W. Va. Code § 49-4-708. The court must also determine whether there is a defense to the allegations. Subscribe today and SAVE up to 80% on this form. The juvenile named above committed a delinquent act in this district while under the age of eighteen (18). A copy of a juvenile's records automatically shall be disclosed to certain school officials if the juvenile has been charged with an offense that involves violence against another person; involves possession of a dangerous or deadly weapon; or involves possession or delivery of a controlled substance; AND the juvenile case has proceeded to a point where one or more of the following has occurred: a judge or magistrate has determined that there is probable cause to believe that the juvenile committed the offense as charged; a judge has placed the juvenile on probation for the offense; a judge has placed the juvenile on a preadjudicatory community supervision period; or some other type of disposition has been made of the case other than dismissal. 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. Prepetition diversion can result when a juvenile matter is brought to a county prosecuting attorney. W. Va. Code § 49-4-711(5); Rule 33, RJP. A court is required to conduct a hearing on the proposed commitment within five judicial days after receipt of the DHHR's recommended placement report. Bail may be required, except it may be denied in cases where bail could be denied for an adult. The time at which the records are open for public inspection depends upon the basis for the transfer. Included Formats to Download . 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. The applicable rule of statutory construction when there is such conflict or inconsistency regarding the same matter is that the specific prevails rather than the general. 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. At a preliminary hearing, if a juvenile does not have counsel, the judge or magistrate must inform the juvenile of the right to be represented by counsel and must see that counsel is appointed when necessary. If the juvenile complies and the counseling and services are successful, the matter is resolved. The purpose of the hearing is to determine the juvenile's permanency plan and to determine whether the state will seek termination of parental rights pursuant to Part 6 of Article 4 of Chapter 49. If the transfer is discretionary, the court is required to make detailed findings concerning any personal factors that were considered and must give specific reasons as to the basis for its decision to either grant or deny the motion for transfer. Rule 49, RJP. W. Va. Code § 49-4-725(a). Rule 29(b), RJP. The practice in many counties, by local policy authorized by statute, is to initiate a juvenile matter by an informal complaint or referral that details incidents that may involve status or delinquency offenses. 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. However, municipal courts may not impose a sentence of incarceration on juveniles.  W. Va. Code § 49-4-701(d). W. Va. Code §§ 49-2-101 to 124. Once you complete the questionnaire, please either mail it to or drop it off at the Prosecuting Attorney’s Office; Attention: Juvenile Division; Berkeley County Judicial Center; 380 West South Street; Suite 1100; Martinsburg, WV 25401. W. Va. Code § 49-4-712(a). A juvenile may be subject to an out-of-home placement in some instances during a community supervision period. The court may consider the DHHR's recommended placement if the need for commitment under Chapter 27 of the West Virginia Code has been established. When a juvenile is adjudicated for a third or subsequent offense of underage consumption, the court is required to suspend the juvenile operator's license until the juvenile turns 18. This Act provides for a diverse array of programs and services to address the rehabilitative needs of juveniles and to strengthen family support. As a disposition, the court may commit a juvenile who has been adjudicated as a delinquent to a mental health facility. W. Va. Code § 49-4-406(d)(4); Rule 43, RJP. $ 5.99. For any disposition involving probation, the juvenile's probation officer must submit to the court, at least every 90 days, a report of the juvenile's compliance with the conditions of probation and goals of the case plan. § 675a, which were enacted as part of the Family First Preventions Services Act of 2018. If the juvenile does not make full restitution, the court may require the custodial parents to make full or partial restitution. At various junctures during a juvenile case, including the stages prior to adjudication, the juvenile may be placed out of his or her home, subject to the limitations established by law. Unless waived by all parties, a ten-day notice of the adjudicatory hearing must be given the juvenile, parent, and attorney. 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. Top results. W. Va. Code § 49-4-711(6); Rule 33, RJP. On the advice of counsel, the juvenile may waive the preliminary hearing. If the juvenile's parent, guardian, or custodians do not consent to the diversion agreement, a petition may be filed initiating formal proceedings. In addition to these residential facilities, the BJS operates many community-based youth reporting centers around the state. Even when a juvenile case is transferred to criminal jurisdiction, upon a conviction the court has the discretion to impose a disposition according to the statute governing delinquency offenses rather than imposing a sentence based upon the criminal statute. Civil Case Subpoena. W. Va. Code § 49-4-711; Rule 28, RJP. W. Va. Code § 49-4-714(c) and § 49-4-404(b). 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. Juvenile Delinquency Petition. Facebook. W. Va. Code § 49-2-907. A petition is a verified, written statement by a person who has knowledge of the facts alleged. 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. Rule 15(d), RJP. Rule 28(b), RJP. The DHHR has adopted a Youth Services Policy that is found in Chapter 12 of the Social Services Manual. 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. Only in extraordinary circumstances may a juvenile be detained or be held in out-of-home custody without a dispositional hearing within the time frame established by Rule 34. When ordering a disposition, the court must consider the juvenile's best interest and the welfare of the public. Subscribe today and SAVE up to 80% on this form. Relevant Cases. The DJCS is also required to monitor for compliance with federal juvenile detention standards mandated by the Juvenile Justice & Delinquency Prevention Act of 1974. W. Va. Code § 49-4-409(h). If the juvenile is noncompliant or unsuccessful with the diversion agreement, the matter is referred to a local prepetition review team. The next regular term of court may impose monitored community service, educational classes, and in... State agency is required to prove the allegations, the circuit court in the petition, an out-of-state may! Similarly, if it finds an offender a suitable candidate, may refer the juvenile was taken custody. 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