wv juvenile petition form

W. Va. Code § 49-4-705(c)(3). 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. W. Va. Code § 49-5-7; Rule 8(a), RJP. In addition to requiring community service or a fine, the court is required to suspend the juvenile's operator's license for a definite term of not less than five or more than 90 days if the juvenile has been adjudicated for second-offense underage consumption. Subscribe Now. Rule 44(b), RJP; The right to release based upon the charged offense and other established factors. The petition process (and all that follows) is often noted in some manner as formal: "formal filing," "formal petition," "formal proceedings," or  "going formal." Senior status (retired) circuit judges and former family court judges may also serve as juvenile drug court judges. A diversion agreement may refer the juvenile to community-based nonresidential prevention or intervention services or programs designed to reduce delinquency and future court involvement; referral of the juvenile's parent, guardian, or custodian to services; referral of the juvenile to community work service programs; a requirement that the juvenile regularly attend school; and community-based sanctions for future noncompliance. A petition must be filed with the circuit court in the county where the delinquency or status offense allegedly occurred. The court must further determine whether the juvenile understands his or her right to adjudication on the merits, his or her rights as set forth in Rule 7 of the Rules of Juvenile Procedure, the court's dispositional authority over the juvenile, and the range of possible consequences once the juvenile has been adjudicated. This Act provides for a diverse array of programs and services to address the rehabilitative needs of juveniles and to strengthen family support. Rule 33, RJP. W. Va. Code § 49-4-714(g); Rule 20(i), RJP. W. Va. Code § 49-4-406(c); W. Va. Code § 49-4-413(c). A magistrate may also acquire jurisdiction over a juvenile on any misdemeanor charge that is the subject of a juvenile delinquency petition pending before the circuit court if a juvenile, age 14 or older, demands transfer to adult criminal jurisdiction. At the transfer hearing, the West Virginia Rules of Evidence apply to any evidence relevant to the charged offense. W. Va. Code § 49-4-704(a); Rule 4(a), RJP. The DHHR's recommendation must list appropriate in-state facilities and the projected date that the facilities could admit the juvenile. For any proposed transfer, the prosecutor must file a written motion at least eight days before the scheduled adjudicatory hearing. A plan for transition shall begin upon the juvenile's entry into a residential facility. 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. 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. The juvenile records are to be maintained in a secure location and are not to be copied under any circumstances. 2020 West Virginia Court System - Supreme Court of Appeals. If out-of-home placement is found necessary, the court must attempt to place a status offender in the least restrictive community-based facility that is appropriate to the juvenile’s and the community’s needs. The court may establish the terms calculated to address the rehabilitative needs of the juvenile, and appropriate supervision. However, a juvenile is not entitled to a jury trial if the court rules before the adjudication hearing that a disposition of out-of-home placement (the equivalent of a sentence of incarceration for an adult) will not be imposed. On a less frequent basis, it is initiated by certification or transfer to circuit court juvenile jurisdiction from the adult criminal jurisdiction of any court. JUVENILE PETITION/APPLICATION . Due to the special characteristics and needs of youth, statutes and rules provide greater protection for juveniles in some respects.  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. For the initial disposition in status offense cases, the judge is required to refer the juvenile to DHHR for an individualized program of rehabilitation based on the findings of the risk and needs assessment. In addition to monitoring for compliance with state standards, detention facilities also report to DJCS any instances of overcapacity. W. Va. Code § 49-4-711. 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. Included Formats to Download . If certain records concerning an adult would be confidential, such as a psychological report, then similar records of a juvenile would also be confidential. W. Va. Code § 49-2-702(e). W. Va. Code § 49-4-705(c)(4); Rule 6(c), RJP. W. Va. Code § 49-4-711(6); Rule 33, RJP. Although the findings may be stated on the record at the conclusion of the hearing, the court is required to prepare a written order with the findings. W. Va. Code § 49-4-406(b); Rule 35(b)(2), RJP. 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. Under no circumstances are schools allowed to transmit a juvenile's records to another school. 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. W. Va. Code § 49-4-712(b)(1). There is also a diagnostic services facility for assessments and psychological evaluations to assist in identifying appropriate individualized treatment. W. Va. Code § 49-5-104(d); Rule 50(c), RJP. Appellate Court Opinions Business Court Opinions Closings Holiday Schedule Commissions Programs Careers Help Topics. W. Va. Code § 49-4-702a(b). If no probable cause is found, the judicial officer must dismiss the petition. A status offense involves behavior that is harmful to a juvenile because of his or her age. W. Va. Code § 49-4-702. At the time of the hearing, the judicial officer must contact the juvenile’s parent, guardian, custodian, or, if necessary, a close relative. Any compelling reason must be documented in the juvenile's case plan. The records shall be physically marked to show that they are to remain confidential and shall be filed in such a manner that no one can see the identity of the juvenile. Rule 51(b), RJP. Further, transfer proceedings are preliminary matters for which a probable cause standard is appropriate. M.C.H. Code § 49-1-206; Rule 12(b)(2), RJP. 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. The West Virginia Rules of Evidence govern the admissibility of any evidence, except for the limitations on the admission of a juvenile's extrajudicial statements (statements, written or oral, made outside of court) as established byW.Va. As a disposition, the court may commit a juvenile who has been adjudicated as a delinquent to a mental health facility. W. Va. Code § 49-4-716. Although the court should make the required findings before placement, it must make them no later than 60 days of the actual placement of the juvenile in the facility. Habitual absence from school without good cause. 2012) What's This? W. Va. Code § 49-4-702(b)(2). Offender Searches. The juvenile named above committed a delinquent act in this district while under the age of eighteen (18). W. Va. Code § 49-4-701(c). If counsel has not been retained, counsel must be appointed. Health & Human Services, Administration for Children and Families, under Court Improvement Program 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. 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 petition may be regarding the child’s delinquent behavior. When juvenile records are accessible to the public. The secure detention standards were originally established in two West Virginia Supreme Court opinions: State ex rel. 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. If no adverse comments or objections are submitted, and the court finds the plan acceptable, it is not required to conduct a hearing. Before adjudication, a court is required to release an alleged status offender who has been taken into custody by law enforcement unless one of the following circumstances is present that allows an alleged status offender to be held in out-of-home custody: The DHHR must be notified immediately of any pre-adjudicatory placement hearing for an alleged status offender. 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. However, placement out of the home can be ordered for such a juvenile if the court finds, by clear and convincing evidence, that there is a significant and likely risk of harm, as determined by a risk and needs assessment, to the juvenile, a family member, or the public if the juvenile is left in the home. Rule 20(e)(7), RJP. If a community supervision period is later revoked, the adjudicatory hearing must begin within 30 days of the revocation. If a juvenile either stands silent or denies the allegations, the court must conduct a contested adjudicatory hearing. matching grants.”. The parent, guardian, or custodian of the juvenile must also be served with a copy of the summons and petition. If the juvenile is charged with a delinquency offense, he or she must be released to the custody of a parent, guardian, custodian, or close relative unless one or more of the following is true: If a responsible adult cannot be found to take custody and the juvenile is detained for that reason alone, a record must be kept of all attempts to locate a responsible adult. Rule 47, RJP. Juvenile jurisdiction may also be initiated when an emergency protective order is entered by a magistrate court against a juvenile, and the domestic violence petition was filed by or on behalf of a parent, guardian, custodian, or other person with whom the juvenile resides. 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. The right to no punishment by physical force; The use of his or her own clothing or individualized clothing which is clean and supplied by the facility; Writing materials and the ability to send and receive mail without censorship; Education, including instruction, materials, and books; Another court that has juvenile jurisdiction and has the juvenile before it in a juvenile proceeding; A court exercising criminal jurisdiction over the juvenile that requests such records for the purpose of a presentence report or disposition proceeding; The officials of a public institution to which the juvenile is committed if they require such records for transfer, parole or discharge; or. 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 § 49-2-912. 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. Rule 28(b), RJP. 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. Appointment of counsel is not required for traffic and other citation-type offenses involving juveniles heard in magistrate or municipal court. A juvenile subject to a status offense petition or a delinquency petition involving a nonviolent misdemeanor offense may, prior to adjudication, be referred to a restorative justice program where available. Rule 29(c), RJP. W. Va. Code § 49-4-712(b)(2). As noted previously, an alleged status offender may be placed only in a non-secure or staff-secure facility. The records obtained to maintain the JJDB are otherwise kept confidential and no information is published that would identify any individual juvenile. If the state proves by clear and convincing evidence that there has been a substantial violation of the terms of the community supervision period, the court can terminate the community supervision period. The petition may be served by first-class mail or by personal service. 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. 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. Page 2 of 2 RECORD SEALING. Since action is allowed without the filing of a petition, the practice of screening juvenile referrals is appropriate and consistent with the intent of Chapter 49, Article 4 of the West Virginia Code and the Rules of Juvenile Procedure to resort to the least restrictive means to address the juvenile's conduct. 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. W. Va. Code § 48-27-403(h); § 49-5-7(f); Rule 15(a), RJP. 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. 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. 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 19(d), RJP. These day-report centers provide treatment programs for juvenile offenders at risk of out-of-home placement and after-care services for youth who have returned home from placement. W. Va. Code § 49-4-709(b); Rule 29(c), RJP. The BJS also operates several treatment and rehabilitation facilities for juveniles who are adjudicated as delinquent offenders. Upon termination, the court must schedule an adjudicatory hearing on the original petition to commence within 30 days. Unless waived, all the reports must be provided to the prosecutor and defense counsel at least 72 hours before the dispositional hearing. 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. Rule 41(c), RJP. WV.gov is the official Web site for the State of West Virginia and is the result of an innovative public-private partnership between the state and West Virginia Interactive. 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 dispositional order must contain written findings of fact. The order must indicate why the public safety and the best interests of the juvenile are served by the disposition. W. Va. Code §§ 49-4-701(g); 49-4-706(a). Rule 14(c), RJP. W. Va. Code § 49-4-702(c). W. Va. Code § 49-4-711(4); Rule 32(b), RJP. Status offenders may not be placed in a staff-secure facility operated by DJS. If probable cause is found and the juvenile is detained, the adjudicatory hearing must occur within thirty days unless there is good cause for postponement or a jury trial is demanded. 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. Rule 8(c)(2), RJP. 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. A juvenile may elect to testify about the charged offense and with regard to the personal factors. There are a variety of possibilities for informal resolution before the filing of a formal petition. W. Va. Code § 48-27-403(h), § 49-4-704(f); Rule 15(a), RJP. 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. Rule 38(g), RJP. W. Va. Code § 49-4-708(a); Rule 18(a), RJP. W. Va. Code § 49-4-710(a). MS Word. Specialized intervention efforts that serve as alternatives to standard juvenile court proceedings principally include teen courts and juvenile drug courts. The juvenile is alleged to be a juvenile delinquent with a record of willful failure to appear at juvenile proceedings. After a student leaves a school, the school official must seal the records and return them to the person designated by the circuit court. Description. W. Va. Code § 49-4-724. Upon coming into the custody of a sheriff or a detention facility director, a juvenile must be provided a written statement explaining the right to a prompt detention hearing, the right to counsel, and the right against self-incrimination. However, an offender who has reached the age of 18 may not be placed in a juvenile facility or in other placements with juveniles. If it is determined that detention is necessary, depending on the specific offense and circumstances, something less restrictive than secure detention (e.g. The juvenile, his or her counsel, and the juvenile's parents or legal guardians must be provided with prompt notice of the transfer motion and the hearing date. Juvenile Delinquency Petition. 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. If a juvenile has been detained, the preliminary hearing must be held within 10 days of the detention hearing. Either at disposition or any time thereafter, the court may order that the case be transferred to the county where the juvenile resides. Otherwise, the assessment must be completed within sixty days. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. A party may request the transfer, or the court can order it on its own motion. W. Va. Code § 49-5-101; § 49-5-103; § 49-5-104; Rule 49, RJP. The circuit court for each judicial circuit designates one person, typically a probation officer, to supervise the disclosure of juvenile records to West Virginia school officials. The petition might be used to determine custody.  W. Va. Code § 49-4-705(a) Rule 6, RJP. As noted above, a juvenile must have serious emotional or behavioral disorders to be subject to this type of placement. A court may issue an arrest warrant if a juvenile does not appear after being personally served. The records of a juvenile proceeding are to be treated as sealed by operation of law one year after the juvenile's eighteenth birthday, or one year after personal or juvenile jurisdiction has terminated, whichever is later. Before formal filing of a juvenile petition, an alleged status offender or delinquent may be referred to an informal resolution or diversion program. W. Va. Code §§ 49-5-104(a) and 49-5-103(d)(7). A court may also refer the juvenile to the DHHR for an assessment by a multidisciplinary treatment team. Committing the juvenile to a mental health facility (discussed later). If the juvenile has not been in compliance with probation conditions or has not met case plan goals, the probation officer must recommend in the report additional or modified conditions or goals to achieve compliance. Administrative Subpoena To be used by law enforcement for certain offenses against minors pursuant to W. Va. Code 62-1G-1 & 2 W. Va. Code § 49-4-702(f). However, placement out of the home can be ordered for such a juvenile if the court finds, by clear and convincing evidence, a significant and likely risk of harm to the juvenile, a family member, or the public if the juvenile is left in the home. 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