wv juvenile petition form

W. Va. Code § 49-4-406(b); Rule 35(b)(2), RJP. W. Va. Code § 49-4-715(c). A juvenile is entitled to have an appropriate bail set unless an adult could be denied bail under the same circumstances. A juvenile petition concerns a child under 18 years old. A secure facility is "any public or private residential facility which includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility." Finding the juvenile is in need of extra-parental supervision and placing the juvenile on supervised probation but leaving the juvenile in the custody of his or her parents. After that, the prosecutor will determine how to proceed with the case, which may end in one of several ways: In a delinquency case, the adjudicatory hearing must begin no longer than 60 days after the petition has been served, provided the juvenile is not in detention. W. Va. Code § 49-4-406(d)(4); Rule 43, RJP. After this information is received, an incorrigibility petition will be prepared for an Assistant Prosecuting Attorney for review. However, the principal of a school to whom the records are transmitted has the duty to disclose the contents of those records to any teacher of the juvenile, regular bus driver of the juvenile, or any other school official that has the need to be aware of the contents of the records. The accompanying charts (see below) summarize when a juvenile case is open for public inspection. W. Va. Code § 49-4-711(4), Rule 38, RJP. An annual report on compliance is sent to the U.S. Department of Justice. W.Va. Code § 49-4-712(e). 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. 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. If the juvenile does not make full restitution, the court may require the custodial parents to make full or partial restitution. Use or possession of alcohol or tobacco by minors, which may be handled by citation rather than by juvenile petition.  Alcohol use may also be addressed by referral to juvenile drug court. In general, an adjudicated delinquency offender is entitled to be sentenced to the least restrictive disposition available that will address and resolve the juvenile’s circumstances. A juvenile or his or her parents may demand a jury trial when so entitled. 2020 West Virginia Court System - Supreme Court of Appeals. A quarterly report is prepared and sent to the West Virginia Supreme Court. The court must appoint counsel for the juvenile before a procedure to remove a petition is initiated. § 675a(c), certain requirements for these types of placements must be met in order for West Virginia to be reimbursed for the placement. W. Va. Code § 49-5-106. 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. (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. Although the applicable rule does not specify which category such a facility belongs to, these types of facilities are most likely to be considered staff-secure facilities. Written notice of a motion for modification must be given at least 72 hours before a hearing. The court should consider the juvenile's ability to pay restitution and may not decline to place a juvenile on probation or impose an alternative disposition because the juvenile or family is unable to pay restitution; Require the juvenile to participate in a public service project; or. 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 magistrate designated by the circuit court to serve as a juvenile referee has the authority to hold juvenile detention hearings (W. Va. Code § 49-4-706), to conduct preliminary hearings (W. Va. Code § 49-4-708(a)), and to perform other duties as assigned by circuit court.  In these circumstances, a magistrate is acting as a judicial officer of the circuit court. Unless waived by all parties, a ten-day notice of the adjudicatory hearing must be given the juvenile, parent, and attorney. Each of the subsections specifically setting out grounds for mandatory or for discretionary transfer, however, requires only probable cause. 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. The DHHR's recommendation must list appropriate in-state facilities and the projected date that the facilities could admit the juvenile. Included Formats to Download . Juvenile Delinquency Petition. State ex rel. Rule 33, RJP. Rule 15(c), RJP. Case Number: E I was not able to provide notice of this petition to the following because I did not know their names or addresses. Rule 28, RJP. W. Va. Code § 49-4-708(a)(3); Rule 18, RJP. Rule 18(e), RJP. The juvenile has run away or absconded from a custody order entered by a court of this state or any other jurisdiction that operates under the Interstate Compact for Juveniles. 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. Rule 20(e)(6), RJP. In addition to these residential facilities, the BJS operates many community-based youth reporting centers around the state. At the conclusion of the community supervision period, the court will dismiss the case if the terms have been fulfilled; otherwise, the court will proceed with the adjudicatory hearing. A juvenile charged with delinquency may be detained in a secure facility only as permitted under very strict standards that take into account an array of factors, particularly the seriousness of the alleged offense. The sole mandatory issue at a detention hearing is whether the juvenile should be detained pending further court proceedings. While it does not require the prosecutor to divert all youth, it does require the prosecutor to refer any youth who are first-time status offenders and requests the prosecutor refer low-level, non-violent misdemeanants who are believed to be able to be maintained safely in their home and communities. A court may also review placement upon its own motion. The judge may also refer a truant juvenile to a truancy diversion specialist if one is employed in the juvenile's school. Rule 43, RJP. While the juvenile is in diagnostic custody, the BJS must convene a multidisciplinary team to aid in determining the appropriate recommended disposition and submit a report to the court. The time at which the records are open for public inspection depends upon the basis for the transfer. A detention hearing may be conducted by a circuit judge or a magistrate. On its own motion, the court may also order a jury trial if the offense supports such a trial. Juveniles involved in status-offense or delinquency proceedings have an array of rights afforded by statutes and rules, and by the United States Constitution and the West Virginia Constitution. The law enforcement officer is required to release the juvenile to his or her parent, guardian, or custodian unless one of the following conditions is present: The law enforcement officer must notify the DHHR if the juvenile is an alleged status offender or if an emergency protective order has been entered against the juvenile and the individual obtaining the protective order is a parent, guardian, custodian, or other person with whom the juvenile resides. 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. A juvenile may also engage in plea negotiations with the prosecutor to reach a "binding admission" that includes the specific offense that the juvenile will admit to and an agreed-upon disposition. All Rights Reserved. Hearsay evidence may also be admitted if the court concludes that the evidence is reliable and it would be unreasonably burdensome to produce the primary source of the evidence. Before disposition, the court may also order the juvenile to undergo examination, diagnosis, classification, and medical examination at a secure juvenile diagnostic center. The plan must also contain a description and source of any problems the juvenile has, and a proposal for addressing those problems upon discharge. Rule 19(c), RJP. 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. If probable cause is found, the judicial officer must inform the juvenile of his or her right to a jury trial (if applicable) and must also determine whether the juvenile should be released on recognizance or bail, detained, or placed in the temporary custody of the DHHR. 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. W. Va. Code § 48-27-403(h), § 49-4-704(f); Rule 15(a), RJP. Juvenile Petition-Application {J-14} This is a California form that can be used for Juvenile within Local County, El Dorado. No other proceedings may be conducted until the juvenile is personally served. These records may not be opened except upon order of the circuit court. You may print legibly in black ink, type on the form, or fill it out online. If a federal subpoena for juvenile records is issued from a federal court or agency, then the juvenile records shall be disclosed. The court may accept or reject the entire agreement. The right to the protections guaranteed by West Virginia Constitution, Article III, including the rights against excessive bail and fines, cruel and unusual punishment, self-incrimination, double jeopardy, unreasonable searches and seizures, as well as the rights to, At all adjudicatory hearings, the right to the, In a delinquency case at the adjudicatory hearing, the right to, In a status-offense case at the adjudicatory hearing, the right to. W. Va. Code § 49-4-712(g). As an alternative type of informal resolution, the court may refer an alleged juvenile offender to a probation officer for counseling and advising in an effort toward informal adjustment when it appears that the court would have jurisdiction and that the best interests of the public and the juvenile would be served by this manner of resolution. Subscribe today and SAVE up to 80% on this form. W. Va. Code § 49-¬2-902. Rule 15(f), RJP. Rule 47, RJP. If this reason is the basis for custody, the custodial agency or facility will be required to keep a written record of daily attempts to locate such an adult and the juvenile will be returned to court if a responsible adult is located. W. Va. Code § 49-4-704(b); Rule 9(b), RJP. A motion for a community supervision period, whether granted or denied, may not be construed as an admission or be used in evidence. A status offense involves behavior that is harmful to a juvenile because of his or her age. Certain records of juveniles involved in serious offenses are disclosed to school officials under specific conditions. This type of diversion is commonly known as informal probation. W. Va. Code § 49-4-703. Step Two: Determine who needs to be notified of your request. 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. Subscribe Now. $ 5.99. The DJS has authority over in-state secure detention and correctional facilities. The custody or "pick-up" order may be issued if there is probable cause that one of the following conditions exists: If a status offense petition has been filed, the judge or magistrate may issue an immediate custody order only if there is probable cause to believe: When a juvenile is taken into custody (with or without a court order), the law enforcement officer must immediately notify the juvenile's parent, guardian, or custodian and indicate the reasons the juvenile is in custody. When a matter is referred for prepetition diversion, the case worker, probation officer, or truancy diversion specialist is required to develop a diversion program by conducting an assessment of the juvenile; obtaining the consent of the juvenile and the juvenile's parent, guardian, or custodian to the diversion agreement terms; and referring the juvenile and, if needed, any parent, guardian, or custodian to community services. A juvenile is entitled to file any suppression motions before the transfer hearing. There is no basis to file a termination petition. At the preliminary hearing, the judge or magistrate must inform the juvenile and the juvenile's parent, guardian, or custodian of the juvenile's right to counsel at all stages of the proceedings; appoint counsel if counsel has not already been retained, appointed, or knowingly waived; and determine whether there is probable cause to believe the juvenile committed a status or delinquency offense. W. Va. Code § 49-4-406(b). W. Va. Code § 49-4-714(b)(6); Rule 41(d), RJP. Rule 19(d), RJP. W. Va. Code § 49-4-710(c). There is also a diagnostic services facility for assessments and psychological evaluations to assist in identifying appropriate individualized treatment. If a juvenile either stands silent or denies the allegations, the court must conduct a contested adjudicatory hearing. Rule 45(b), RJP. What would be for an adult a felony, and the juvenile has two prior delinquency adjudications for a felony, after a consideration of personal factors of the juvenile. Code § 49-4-701(k) and (I). Rule 18(c), RJP. If a juvenile fails to comply with the terms of the community supervision period, the prosecuting attorney or probation officer may file a motion to revoke the community supervision period. W. Va. Code § 49-4-709(a); Rule 29(a), RJP. 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. When a juvenile is adjudicated as a delinquent or has been granted a preadjudicatory community supervision period, the court may, prior to disposition, refer the juvenile for a comprehensive assessment by a multidisciplinary treatment team (MDT). Upon issuance of the emergency protective order, the domestic violence petition is to be treated as a juvenile petition. : E-MAIL … Please contact the facility where the offender is located for background check approval and to schedule visits. 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. 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. Rule 28(c), RJP.  A magistrate-referee, however, is prohibited from conducting any hearing involving a ruling on the merits of any juvenile case under the circuit court's exclusive jurisdiction: for example -- accepting admissions; holding adjudicatory, transfer, or dispositional hearings; or determining whether a juvenile is entitled to a community supervision period. Otherwise, the court must conduct the dispositional hearing within 60 days. The court can modify or vacate the detention order, or let it stand as originally entered. With a proposed binding admission, the court may not accept only part of this type of agreement, for example, accept the admission but deny the negotiated disposition. When an after-care plan has been implemented, the juvenile's probation officer or community mental health center professional is to supervise the implementation of the plan and report the juvenile's progress to the court at least every sixty days. JV-600 [Rev. Rule 20(e)(8), RJP. Administrative Subpoena To be used by law enforcement for certain offenses against minors pursuant to W. Va. Code 62-1G-1 & 2 Referring the juvenile and parents to a community agency for needed services and dismissing the petition. No responsible adult can be found to take custody of the juvenile. Unless juvenile proceedings are transferred to adult criminal proceedings, law enforcement records and files concerning a child or juvenile must be kept separate from the records and files of adults and should not be included within any court file. W. Va. Code §§ 49-5-104(a) and 49-5-103(d)(7). W. Va. Code § 49-4-714(f); Rule 39, RJP. The court must consider all less restrictive alternatives. A juvenile, whether a status or delinquency offender, may be subject to placement in a qualified residential treatment program or QRTP. 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. View all search results ; Menu. 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. If the charged offense is a misdemeanor, the court may transfer the case to magistrate court. WV Code § 49-5-7 (through 1st Spec. matching grants.”. At least six months before the juvenile turns 18, the multidisciplinary treatment team must assist the juvenile with the development of a transitional plan. This is an overview of juvenile rights. 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. On Facebook. During review hearings when a juvenile is placed in a QRTP, the court should continue to determine whether the QRTP remains the most appropriate level of care in the least restrictive environment for the juvenile. W. Va. Code § 49-4-409(e); Rule 45(c), RJP. If a juvenile's disposition involves out-of-home placement under DHHR custody, the DHHR must ensure that the residential placement provider develop and implement an individualized case plan based upon the recommendations of the juvenile's MDT and the results of a risk and needs assessment. F¡ll ¡n court name and street address: Fiil ¡n case number if known. The court may require the DHHR to provide services to the juvenile and his or her family, and may schedule interim review hearings. M.C.H. Status offenders may not be placed in a staff-secure facility operated by DJS. W. Va. Code § 49-4-710(i); Rule 20(f), RJP. Any felony offense of violence against another person; Any felony offense, provided the juvenile has a prior delinquency adjudication for a felony offense; The juvenile used or presented a firearm or deadly weapon during the commission of a felony; A felony offense involving a narcotic drug; or. Fillable PDF. 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. 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. If the juvenile successfully completes the terms of the diversion agreement, no petition is filed and the matter is concluded. Last updated: 2/23/2017 . The juvenile and a parent, guardian, or custodian must consent. The plan also should be provided to the juvenile's parents or legal guardians, attorney, probation officer, any applicable mental health professional, the prosecuting attorney, and the principal of the school that the juvenile will attend. Similarly, if a juvenile matter involves a nonviolent misdemeanor offense, the prosecutor has discretion to decide whether diversion is appropriate. W. Va. Code § 49-4-409(b). Overview of the Courts Court Hours and Locations Supreme Court Court of Appeals Superior Court District Court Business Court Recovery Courts Related links. W. Va. Code § 49-4-712(c) and 49-4-714(b)(6). 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. Rules 8(g) and 44, RJP. The order must indicate why the public safety and the best interests of the juvenile are served by the disposition. 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 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. When these circumstances arise, the prosecutor is to be notified within 24 hours by the magistrate who issues the emergency protective order, and if desired, the prosecutor may file an amended juvenile petition within two judicial days. Regarding consequences, the court must determine whether the juvenile understands the possible dispositions that may be imposed. A plan for transition shall begin upon the juvenile's entry into a residential facility. 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. More Resources. Juvenile Center and Facility Policies. W. Va. Code § 49-4-706(a)(3); Rule 14(b), RJP; Rules 6-102 and 6-103, Interstate Compact for Juveniles. These facilities house youth who have been charged with delinquent offenses and meet the criteria for detention under state statutes (W. Va. Code § 49-2-902(b)(1)) and case law. Rule 28(b), RJP. W. Va. Code § 49-4-702(c). The comprehensive assessment must include a needs assessment.  W. Va. Code § 49-4-705(a) Rule 6, 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. W. Va. Code § 49-4-409(c); Rule 45(b), 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. Senior status (retired) circuit judges and former family court judges may also serve as juvenile drug court judges. 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. Rule 35(c), RJP. W. Va. Code § 49-4-706(a).

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