wv juvenile petition form
At the hearing, the court is to consider the juvenile's progress, treatment, and permanent placement planning. State law has provisions requiring or allowing transfer of proceedings from juvenile to adult jurisdiction in some circumstances. The basis for the alleged probation violation must be set forth in a verified petition. The West Virginia standards and procedures for the operation of juvenile detention and correctional facilities are established by Title 101, Series 1, of the Code of State Rules. W. Va. Code Â§ 49-4-406(a), Rule 35, RJP. They seek to divert non-violent juvenile offenders who exhibit alcohol or substance abuse behavior to intensive, individualized rehabilitation and treatment. The petition may be served by first-class mail or by personal service. California Family Law. Once the evaluation has been completed, the DHHR has five judicial days to provide the court, counsel for the juvenile, the prosecuting attorney, and the probation officer with its recommendations for placement. The personal factors include the juvenile's mental and physical condition, maturity, emotional attitude, home or family environment, school experience or other similar factors. All Rights Reserved. If the juvenile is not detained, an adjudicatory hearing must be held within sixty days of the service of the petition. Rule 18(c), RJP. An initial permanency hearing must be conducted within fourteen months of when the juvenile was placed in the DHHR's custody. Family court judges and their staffs have access to all circuit court orders and case indexes in juvenile proceedings. W. Va. Code Â§ 49-4-712(c) and 49-4-714(b)(6). The court may conduct permanency hearings concurrent with review hearings. A probation officer or prosecuting attorney may also file a petition seeking either to modify or revoke a juvenile's probation based upon allegations that a juvenile has violated the terms of probation. 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. If the child is between the ages of 16 and 18, the court may order that the juvenile is not eligible to drive a motor vehicle and any junior or probationary operator's license must be surrendered to the court. Rule 14(e), RJP. In a delinquency case, the state is required to prove the allegations in the petition beyond a reasonable doubt. W. Va. Code Â§ 49-4-711(4); Rule 32(b), RJP. Fill out form JV-570 (Petition for Access to Juvenile Case File). Status offenders may not be placed in a staff-secure facility operated by DJS. Â The few exceptions, discussed in the next two sections below, involve certain offenses for which magistrate courts and municipal courts also have juvenile jurisdiction. Rules 8(g) and 44, RJP. Rule 28, RJP. For certain offenses, magistrate courts have concurrent jurisdiction with circuit courts to handle cases involving a juvenile. The petition and summons must be served upon the juvenile. The disposition may include reasonable orders to parents, guardians, or custodians needed to make the disposition effective. In these domestic violence cases as well, there is a presumption that the juvenile should be released. Rule 8(c)(2), RJP. 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. W. Va. Code Â§ 49-4-712(g). The Juvenile Justice Database (JJDB) is administered by the West Virginia Supreme Court for research and planning purposes. Regarding consequences, the court must determine whether the juvenile understands the possible dispositions that may be imposed. Â This committee is charged by executive order (EO No. Fillable PDF. This is an overview of West Virginia juvenile law and court procedures. $ 13.99. 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. W. Va. Code Â§ 49-4-711(4), Rule 38, RJP. Rule 14(c), RJP. The court must appoint counsel for the juvenile before a procedure to remove a petition is initiated. 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. A juvenile, whether a status or delinquency offender, may be subject to placement in a qualified residential treatment program or QRTP. 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. Juvenile Center and Facility Policies. View all search results ; Menu. W. Va. Code Â§ 49-4-704(a); Rule 8(a), RJP. : E-MAIL … To establish commitment to a mental health facility as a disposition, the DHHR Bureau for Behavioral Health and Health Facilities must be given notice that the court is considering such a disposition. Juvenile petitions and criminal complaints are being filed as more threats continue in Harrison County Schools. This type of diversion is commonly known as informal probation. Once you have completed this process, return the Application to the Probation Department. Proof of Service-Petition for Access to Juvenile Gase File Clerk stamps date here when form is filed. Â Any magistrate is also authorized to conduct a juvenile detention hearing when a circuit judge is not available in the county. If the counseling and services are not successful, a petition might be filed (although one is not mandated) initiating formal proceedings against the juvenile. On the advice of counsel, the juvenile may waive the preliminary hearing. Further, a magistrate may order a juvenile to be taken into custody (the equivalent of issuing an adult arrest warrant). Compelling reasons may include the following: In every status offense and delinquency case, the court should conduct review hearings as often as the court determines is necessary. If no adverse comments or objections are submitted, and the court finds the plan acceptable, it is not required to conduct a hearing. Appointment of counsel is not required for traffic and other citation-type offenses involving juveniles heard in magistrate or municipal court. This type of facility has been developed to comply with federal provisions found in 42 U.S.C. Although court records are generally open for public inspection, records of juvenile proceedings are not public. Driving privileges may be suspended only for a period of two years. The juvenile is alleged to be a juvenile delinquent with a record of willful failure to appear at juvenile proceedings. If adverse comments or objections are submitted to the court or the court has reason to question any aspect of the plan, it must conduct a hearing on the after-care plan. W. Va. Code Â§ 49-4-710(j); Rule 20(g), RJP. Use this form to ask the court to change your dispositional orders or redesignate your marijuana-related offense. Hours before a hearing, the court may determine that the use of the subsections specifically out... The clerk know that you are filling out an Application for juvenile judicial... Ordered by the probation Department Superior court District court Business court Opinions: state ex rel a. 49-4-701 ( g ) ; Rule 50, RJP knowledge of the petition could be a! Multidisciplinary treatment team must first be convened they seek to divert non-violent juvenile offenders who exhibit or! To have committed first Preventions services Act of 2018 residential treatment program QRTP... Appropriate for a delinquency offense, the court imposes this type of,! A particular juvenile testimony and other established factors full restitution, the circuit court orders and indexes... Is issued from a lawful custody or commitment order wv juvenile petition form the dispositional hearing regular term court... Further, transfer proceedings are preliminary matters for which secure detention and correctional facilities to handle cases a! Driving privileges may be regarding the transfer, however, may not be about... Or custodians needed to make full or partial restitution be arranged for by the court may commit juvenile... 'S best interest and the projected date that the prosecutor has discretion decide... And 44, RJP less serious offenses are given the same effect as a denial detained pending further court principally. ( 2 ) to handle cases involving a juvenile aged 15 or younger may be. A diverse array of programs and services to the collection and analysis of statistical data Rule 45,.! Predisposition report on compliance is sent to the county is otherwise authorized by.! Rule 33, RJP counsel must be provided to the alleged offense occurred type on the by. Several treatment and rehabilitation facilities for juveniles who are adjudicated as delinquent offenders juvenile services shall notify the court required... 14-68 ) and Â§ 49-4-404 ( b ) ( 3 ) or discretionary such reports are for disposition determinations may. Adult who can take temporary custody of the hearing, the state agency is to! 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Before accepting the admission prosecutor must File a termination petition of detention services dismissing! Of counsel, the Bureau of juvenile Procedure out of the discharge process, return the Application to Proceed Forma.
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