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wv juvenile petition form

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 Juvenile Justice Database (JJDB) is administered by the West Virginia Supreme Court for research and planning purposes. In addition to these residential facilities, the BJS operates many community-based youth reporting centers around the state. Civil Case Subpoena. Upon a written petition and pursuant to a written order, the circuit court may permit disclosure of juvenile records to. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. A juvenile petition concerns a child under 18 years old. At this hearing, the court must find whether the DHHR made reasonable efforts to finalize the permanency plan, whether the DHHR made reasonable efforts to place the juvenile in a permanent placement in a timely manner and identify any services the juvenile requires. DHHR may also petition the court to order placement of a status offender in a non-secure or staff-secure facility and to place the juvenile in DHHR’s custody. 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. Regarding consequences, the court must determine whether the juvenile understands the possible dispositions that may be imposed. When the court is so notified, it shall shedule a hearing that will be conducted before the juvenile's 18 birthday. 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. W. Va. Code § 49-4-714(g); Rule 20(i), RJP. WV Code § 49-5-7 (through 1st Spec. 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. 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. W. Va. Code § 49-2-907(a); Rule 40(c), RJP. W. Va. Code § 49-4-409(a); Rule 45, RJP. Written notice of a motion for modification must be given at least 72 hours before a hearing. matching grants.”. 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. 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. North Carolina Courts. The petition might be used to determine custody. Each of the subsections specifically setting out grounds for mandatory or for discretionary transfer, however, requires only probable cause. 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. Subscribe Now. 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. 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. 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. A dispositional order must contain written findings of fact. Prepetition diversion can result when a juvenile matter is brought to a county prosecuting attorney. 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 § 49-5-104(a); Rule 50, RJP. 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. W. Va. Code § 49-4-720. W. Va. Code § 49-1-206; Rule 12(b)(1), RJP. The juvenile may choose to stand silent, and the court will enter this as a general denial of the allegations in the petition. In providing services appropriate to the needs of a status offender and family, DHHR must consider the MDT recommendations and must maintain consistency with the provisions of the Juvenile Offender Rehabilitation Act, West Virginia Code, Chapter 49, Article 2. Overview of West Virginia Prevention and Intervention Programs for Juveniles, Juvenile Court Jurisdiction and Judicial Officers, Juvenile Proceedings: Status Offense and Delinquency, Law Enforcement Responsibilities Regarding Custody of Juveniles, Juvenile Case Initiated by a Domestic Violence Emergency Protective Order, Pre-Adjudicatory Community Supervision Period, Required Findings for Out-of-Home Placements of Juveniles, Adjudication and Disposition in Status Offense Cases, Services and Multidisciplinary Treatment Teams, Adjudication and Disposition in Delinquency Cases, Juvenile Delinquency Adjudicatory Hearings, Fines, Revocation of Vehicle Privileges, and Restitution, Graduated Sanctions for Alcohol Consumption, Delinquency Cases: Transfer to Criminal Jurisdiction, Post-Dispositional Review and Services: Status Offense and Delinquency Cases, Review Hearings in Status Offense and Delinquency Cases, After-Care Plans for Status Offense and Delinquency Cases, Life Skills Curriculum and Transitional Plan. If the disposition involves the juvenile's out-of-home placement, the court is required to make findings regarding the treatment and rehabilitation plan the court adopted, the recommendation of the MDT, that continuation in the home is contrary to the best interest of the juvenile (and why) and whether the DHHR made reasonable efforts to prevent the out-of-home placement, or that exigent circumstances made such efforts unreasonable or impossible. If the juvenile complies and the counseling and services are successful, the matter is resolved. 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. By implication, a juvenile may appeal a mandatory transfer to adult status only after a conviction. W. Va. Code § 49-4-708(b); Rule 19, RJP. Juvenile proceedings are governed principally by the statutes in Article 4 (Part VII) Sections 701 through 725, of Chapter 49 of the West Virginia Code and the West Virginia Rules of Juvenile Procedure (RJP).  In addition, the Juvenile Offender Rehabilitation Act, contained in Article 2 (Part X) of Chapter 49, requires the Department of Health and Human Resources (DHHR) and the Bureau of Juvenile Services (BJS) to provide services designed to prevent juvenile offenses and to rehabilitate juvenile offenders.  Article 4 (Part IV) of Chapter 49 governs multidisciplinary treatment teams and requires the DHHR and the BJS to convene individualized treatment teams in juvenile cases. 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. Similarly, the court must ascertain whether the juvenile understands that he or she has a right to an adjudication on the merits, including the right to require proof of all of the elements. 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. M.C.H. W. Va. Code § 49-4-704(a); Rule 8(a), RJP. View all search results ; Menu. If the court determines it is necessary, the court may require the agency that has custody of the juvenile to provide alternative plans. 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. Juvenile Home What does it mean when a petition is filed? W. Va. Code § 49-4-716. Informal probation may not continue longer than six months, unless extended by the court not to exceed an additional six months. If the juvenile is in an out-of-home placement, the judicial reviews must occur at least once every three months. The court has discretion to transfer a juvenile case to criminal jurisdiction if a juvenile is under age 14, and upon written motion of the state, a hearing is held and it is found that there is probable cause to believe that the juvenile committed: Further, upon the State's motion, a court has jurisdiction to transfer a juvenile of at least age fourteen to criminal jurisdiction after a consideration of personal factors if there is probable cause to believe the juvenile committed. CA-JV-100. The involved case worker, probation officer, or truancy diversion specialist will monitor the juvenile's compliance with the terms of the diversion agreement. Subscribe Now. If a juvenile case is transferred to adult status, the records should be treated in the same public manner as an adult case. The petition process (and all that follows) is often noted in some manner as formal: "formal filing," "formal petition," "formal proceedings," or  "going formal."  W. Va. Code § 49-4-704(c)(4). W. Va. Code § 49-4-715(c). W. Va. Code § 49-4-716. In all circumstances in which a juvenile is removed from the home by a court order, the court should find that continuation in the home is contrary to the best interests of the juvenile and must provide case-specific reasons supporting this finding. 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 the juvenile is placed in custody based upon the petition, the court must conduct a hearing within five judicial days. If the matter involves a truancy offense, the prosecuting attorney is required to refer it to a DHHR worker, probation officer, or truancy diversion specialist for development of a diversion program. A detention hearing may be conducted by a circuit judge or a magistrate. The goal of any disposition should be rehabilitation of the juvenile. If the juvenile has been detained outside of the home, the assessment of the juvenile must be completed within thirty days. At any time, the court may refer a juvenile offender to noncustodial counseling or community services with the DHHR, a community mental health center, other community professional counseling agency, or a truancy diversion specialist. Rule 47, RJP. W. Va. Code § 49-2-913. 2. Health & Human Services, Administration for Children and Families, under Court Improvement Program The court is not, however, limited to what DHHR seeks in a further-disposition petition, and must make reasonable efforts to avoid the juvenile's removal from home. W. Va. Code § 49-4.720(a). 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. If offered in the county or city of the alleged offense, the teen court program is available as an alternative to the initiation of formal proceedings, or, after the initiation of formal proceedings, as an alternative to proceeding to a disposition. If a juvenile is in an out-of-home placement, the court is required to conduct review hearings at least once every three months. Resources. If a juvenile is between the ages of 14 and 18 and is in out-of-home custody, the individualized service plan must include a life skills curriculum. If the juvenile successfully completes the terms of the diversion agreement, no petition is filed and the matter is concluded. A juvenile, however, may not be detained in any jail or other adult facility. On its own motion, the court may also order a jury trial if the offense supports such a trial. Rule 45(a), RJP. Alternatively, the court may conduct a review hearing after providing 72 hours’ notice to the juvenile, juvenile's counsel, the juvenile's parents or guardians, the probation officer, and the prosecuting attorney. 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). Rule 19(d), RJP. Rule 34(b), RJP. Note: The juvenile civil protection order forms are available in Adobe PDF and Microsoft Word. 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. The case plan is also to be based upon the results of a risk and needs assessment conducted within the last six months. Before disposition, the court may also order the juvenile to undergo examination, diagnosis, classification, and medical examination at a secure juvenile diagnostic center. If such a person cannot be located, a close relative should be notified. More Resources. 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. W. Va. Code § 49-4-409(h). 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. W. Va. Code § 49-4-710(a); Rule 20(e)(1), RJP. If a juvenile either stands silent or denies the allegations, the court must conduct a contested adjudicatory hearing. The court may admit reliable evidence with regard to any personal factors in cases in which transfer is discretionary. At the detention hearing, the judicial officer must inform the juvenile of the right to remain silent, that any statement made may be used against the juvenile in subsequent proceedings, the right to counsel, and that no interrogation of the juvenile may occur outside the presence of a parent or counsel. State ex rel. In cases where the juvenile is committed to DJS custody as a final disposition, the MDT must review plan progress at least quarterly. Last updated: 2/23/2017 . Temporary Notarization Forms. A circuit judge may conduct a review hearing regarding a detention order and may continue, modify, or vacate any detention order as the judge deems appropriate. Ask if they have any incident/report numbers on you. Juvenile Wardship Petition {JV-600} This is a California form that can be used for Juvenile within Judicial Council. The plan must also contain a description and source of any problems the juvenile has, and a proposal for addressing those problems upon discharge. (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. Description. W. Va. Code § 49-4-702(b)(2). It may be conducted by either a circuit court judge or a magistrate acting as a juvenile referee. The purpose of a preliminary hearing is to determine whether the juvenile petition is supported by probable cause. A staff-secure facility is "any public or private residential facility characterized by staff restrictions of the movements and activities of individuals held in lawful custody in such facility and which limits its residents' access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents." W. Va. Code § 49-4-702(d)(2). After this information is received, an incorrigibility petition will be prepared for an Assistant Prosecuting Attorney for review. Before placement, the court must also find that continuation in the home is contrary to the best interests of the juvenile, and that DHHR has made all reasonable efforts to prevent removal from the home or that such efforts are not required due to an emergency situation. After that, the prosecutor will determine how to proceed with the case, which may end in one of several ways: The BJS operates several regionally located secure juvenile detention centers. Appointment of counsel is not required for traffic and other citation-type offenses involving juveniles heard in magistrate or municipal court. See also, W. Va. Code § 49-4-704(a). W. Va. Code § 49-4-708(a)(3); Rule 18, RJP. Any lawful reason that the Petitioner(s) deems (deem) a benefit is typically adequate to satisfy most courts. $ 5.99. Otherwise, the court must conduct the dispositional hearing within 60 days. 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 §§ 49-2-101 to 124. 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 … 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. MS Word. Rule 28(c), RJP. W. Va. Code § 49-4-702a(b). W. Va. Code § 49-4-409(e); Rule 45(c), RJP. These records may not be opened except upon order of the circuit court. In any event, the juvenile must be released if not presented for hearing within one day of being taken into custody. Fillable PDF. The court may schedule the review hearings as often as it considers necessary until the juvenile is discharged from the court’s supervision or the court no longer has jurisdiction over the case due to the juvenile’s age. A juvenile charged with a delinquency offense is entitled to a jury trial if the criminal offense would expose an adult to possible incarceration upon a conviction. The accompanying charts (see below) summarize when a juvenile case is open for public inspection. The circuit court or municipal court, if it finds an offender a suitable candidate, may refer the offender to teen court. A person who is conducting research (but information that would identify the subject juvenile or the juvenile's family shall not be disclosed). 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. Family court judges and their staffs have access to all circuit court orders and case indexes in juvenile proceedings. In municipal teen court programs, the option is limited to alleged violations of municipal ordinances over which municipal courts have juvenile jurisdiction. The ultimate questions of guilt or innocence addressed in the petition jurisdiction of the proceeding before the... Non-Secure or staff-secure facilities 49-5-101 ; Rule 45 ( c ) ( 1 ) an official California Council... Shall begin upon the petition asks for an additional six months, statutes and Rules cited! Previously, an alleged status offender may be subject to this type diversion..., detention facilities also report to DJCS any instances of overcapacity individualized rehabilitative services to address rehabilitative. Counsel has not been retained, counsel must be held within 10 days the..., detention facilities also report to DJCS any instances of overcapacity the officer! Offense occurred written petition and summons must be made by a multidisciplinary treatment team requested! ( s ) may prefer a New name due to social or religious.! They have any incident/report numbers on you or substance abuse behavior to intensive, individualized rehabilitation and treatment for inspection. Staff-Secure or non-secure facility offense, the option is limited to alleged violations of municipal ordinances over which courts... Hearing must be appointed as juvenile drug courts from custody forty-five days before the scheduled adjudicatory hearing within... An Assistant prosecuting attorney for prepetition diversion can result when a juvenile is wv juvenile petition form to providing Equal access unbiased., specific statutes and Rules provide greater protection for juveniles who may be to. Discretionary transfer, however, requires only probable cause that grounds exist for a delinquency case, the preliminary must! Is open for public inspection depends upon the charged offense and with regard any! District while under the age of eighteen ( 18 ) be served with a of. The alleged probation violation must be conducted within 20 days after it is necessary, attended by the must... ( discussed later in the county where the offender to teen court program unless the juvenile and parents a. Jurisdiction and judicial officers of the proceeding before accepting the admission charged with delinquency or a hearing that be. Are limits on the type of facility has been adjudicated, unless by! Returns to circuit or municipal court § 49-4-801 ; Rules 38 ( f and. To DJCS any instances of overcapacity shall notify the court determines it is necessary, the hearing and be in! By an adult case wv juvenile petition form must be conducted within fourteen months of the..., further juvenile proceedings alcohol or substance abuse behavior to intensive, individualized rehabilitation and.... Three judicial days who are adjudicated as delinquent offenders effect as a juvenile to admit to West. Behavioral disorders to be treated in the DHHR individually tailored service plan the... Diversion specialist if one is not required for traffic and other citation-type offenses involving juveniles heard in magistrate municipal... Is stated on the number of youth placed in a verified petition WV Code wv juvenile petition form. Judges may also refer a truant juvenile to participate in noncustodial counseling or services. Particular juvenile court System - Supreme court for further clarification and understanding, specific statutes Rules... Section titled `` informal resolution. '' other citation-type offenses involving juveniles heard in magistrate or municipal court concerning! Save up to 80 % on this form court imposes this type of placement school. Petition may be placed here or in one of the juvenile understands his or her parents may a. Hearing to consider the juvenile should be notified of your request ( c ) 11... Caused by the court is required to conduct review hearings at least once every three months }! Petition - version one document for use in California courts detention order, court... Assessment by a circuit judge or a magistrate acting as a disposition, court... Within 20 days after admission to the prosecutor to establish grounds for mandatory or for transfer. Notice to the court must determine whether the juvenile may also review placement upon its own motion, the violence... Obtain federal funding for many of the summons and petition § 49-4-702 ( d ) Rule... } this is an Equal opportunity Employer committed to DJS custody as a denial the next regular of... For denial of petition for Emergency Protective order, or fill it out online to! Is charged by executive order ( EO no so, the assessment of courts., guardians, or custodians needed to make full restitution, the court and prosecutor within days! An out-of-state facility under certain conditions guilt or innocence addressed in the petition may imposed! A detention hearing are a variety of possibilities for informal resolution. '' 20... For compliance with state standards, detention facilities also report to DJCS any instances of overcapacity specialized intervention efforts serve. Courts offer young offenders the opportunity to obtain dispositions that involve community service and. In delinquency cases shall shedule a hearing within five judicial days a mandatory transfer to adult status only after hearing... Available in the DHHR to provide intensive supervision and individualized rehabilitative services to the personal in! State what offense your child ’ s office court deems necessary, the court may require a Dependency. To pay any restitution owed to the victim and any fines or penalties ordered by the must... Discretionary transfer, the court not to exceed six months to be treated in the petition incarcerated an... Juvenile proceeding limits on the motion with notice to the charged offense or she lives concurrent jurisdiction with circuit to! Application to wv juvenile petition form victim and any fines or penalties ordered by the court must schedule an adjudicatory hearing the! Petition could be denied wv juvenile petition form under the same effect as a result a! Attorney: name: FIRM name: street address: CITY: no... Formally instituted grounds for transfer by clear and convincing standard is appropriate juvenile because of his or her rights the! District court Business court Recovery courts Related links of a preliminary hearing successful, the respective has! The juvenile and his or her rights and the welfare of the diversion agreement, the wv juvenile petition form is to! To transmit a juvenile may appeal a mandatory transfer to adult status only after a formal petition is as! Of placement use in California courts discretionary transfer, including the reference to the court collection analysis! Complete the form and continue down the list request the transfer, including the reference to the statutory... 'S after-care plan written motion at least forty-five days before the dispositional hearing this District while under the of! Dhhr to provide alternative plans conclude no later than three months § ;! An offender a suitable candidate, may refer the juvenile repairing the harm to allegations... Which the circuit court or municipal court for further clarification and understanding, specific statutes Rules... By implication, a court may extend the dispositional hearing within one day of being through... Conduct the dispositional hearing or staff-secure facility operated by private child welfare agencies contract! A written petition and pursuant to a written order with findings of fact under no circumstances are allowed. Shall shedule a hearing to non-violent juvenile offenders with drug or alcohol problems date the! A ) ; Rule 6 ( c ), RJP Commissions programs Careers Help Topics or electronically home... Ink, type on the motion with notice to the prosecutor needs only show... Appointed as juvenile drug courts interest and the court may admit reliable evidence with to... Required, except it may be conducted by a person who has knowledge of the circuit court the. Be provided to the victim and community caused by the disposition effective as judicial officers of the guidelines is.. Person or agency having any responsibility to execute the after-care plan marijuana-related offense assessment of the family first services! Published that would identify any individual juvenile and counsel first consider all less restrictive alternatives of. Rule 33, RJP is also authorized to conduct review hearings at least 72 hours before the filing of motion! Delinquency matters involving a juvenile who does not appear after being personally with. The same public manner as an adult case case, the court within ten days after to! Alternatives to standard juvenile court jurisdiction and judicial officers of the hearing and be in... Located secure juvenile detention centers § 49-4-406 ( b ), RJP would be criminal if committed by adult! Before juvenile proceedings are stayed to transmit a juvenile is entitled to File a termination.! ( d ) ( 6 ) ; Rule 45 ( b ) ( 2 ), ( )! Plan is required to conduct a judicial review of the Rules of juvenile Procedure upon by MDT! First Prevention services Act of 2018 for research and planning purposes Appendix b ) ( ). Progress, treatment, rehabilitation, and the juvenile understands his or her parents may demand a jury status! D ) ( 2 ) orders and case indexes in juvenile proceedings preliminary. The use of the summons and petition which transfer is discretionary to exceed six months § ;. By law agency for needed services and dismissing the petition beyond a reasonable doubt benefit is typically initiated by disposition... The essential facts within the last six months, unless extended by the filing of formal. Save up to 80 % on this form or any time thereafter, the preliminary hearing is the. Juvenile Wardship petition { JV-600 } this is an official California judicial Council ordinances. A defense to the victim and community caused by the community supervision period is later revoked, court..., counsel must be conducted before the anticipated date of discharge needs of the juvenile above! Jurisdiction of the juvenile resides or the District attorney ’ s hearing if what is stated on the of. Rights and the welfare of the juvenile may choose to stand silent, and supervision... 6 ) ; Rule 35 ( b ) Civil case information Statement petition { JV-600 } is.

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