Juvenile court records are also accessible to West Virginia probation officers, including any juvenile case information in the electronic database maintained by the West Virginia Supreme Court. The juvenile may choose to stand silent, and the court will enter this as a general denial of the allegations in the petition. Juvenile Wardship Petition {JV-600} This is a California form that can be used for Juvenile within Judicial Council. Find a form Suggested searches.  W. Va. Code § 49-1-202. Within five days of the hearing, the court must enter an order with findings and conclusions concerning the after-care plan. The petition must indicate the approximate time and place of the alleged conduct of the named juvenile respondent. It is intended to provide a framework for understanding West Virginia's juvenile justice system.  This overview can be used as a training tool for juvenile justice system personnel, law enforcement, students, and the public.  It is accurate as of February 2016.  It is not intended to explain every nuance of juvenile law and procedure. A juvenile is entitled to file any suppression motions before the transfer hearing. Each of the subsections specifically setting out grounds for mandatory or for discretionary transfer, however, requires only probable cause. 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. Although court records are generally open for public inspection, records of juvenile proceedings are not public. A juvenile petition concerns a child under 18 years old. For example, the Petitioner(s) may prefer a new name due to social or religious reasons. They include: West Virginia statutes and the Rules of Juvenile Procedure require that a juvenile be informed expressly and specifically of certain rights in three particular situations. 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. On Facebook. W. Va. Code § 49-4-406(c); W. Va. Code § 49-4-413(c). An adult could be arrested under identical circumstances; There are emergency circumstances that are dangerous to the health, safety, and welfare of the juvenile; The officer has reason to believe that the juvenile has left the care of a parent, guardian, or custodian and the juvenile's health, safety, and welfare are endangered; The juvenile is a fugitive from a lawful custody or commitment order issued by juvenile court of any jurisdiction; There are reasonable grounds to conclude that the juvenile is driving a motor vehicle and has any amount of alcohol in his or her blood; or. If this is the basis for placement, the custody order must require the custodial agency or facility to record, on a daily basis, all attempts to locate a responsible adult. A record must be made of the preliminary hearing. MS Word. The court may conduct permanency hearings concurrent with review hearings. W. Va. Code § 49-4-710(i); Rule 20(f), RJP. (a)(1) A petition alleging that a juvenile is a status offender or a juvenile delinquent may be filed by a person who has knowledge of or information concerning the facts alleged. The DJCS is also required to monitor for compliance with federal juvenile detention standards mandated by the Juvenile Justice & Delinquency Prevention Act of 1974. Rules 8(g) and 44, RJP. Treason, murder, armed robbery, first-degree arson, kidnapping or first- degree sexual assault. Appeal for Denial of Petition for Emergency Protective Order/TEPO W. Va. Code § 49-4-409(f) and (g); Rule 45(c), RJP. W. Va. Code § 49-4-714(f); Rule 39, RJP. A judicial circuit may also develop a truancy diversion program and refer juveniles to it before filing a petition to address the truancy of a juvenile. All Rights Reserved.  W. Va. Code § 49-4-705(a) Rule 6, RJP. 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 § 49-4-406(b). W. Va. Code § 49-4-715(c). These facilities are generally operated by private child welfare agencies under contract with the DHHR. If so, the court must make the appropriate removal-from-home findings. W. Va. Code § 49-4-406(c); Rule 40(c)(3), RJP. You may print legibly in black ink, type on the form, or fill it out online. 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. W. Va. Code § 49-4-725(a). Magistrate Court Forms. A juvenile, however, may not be detained in any jail or other adult facility. Last updated: 12/31/2019 . Rules 6(a)(5)(G), 12(d), 14(e), 15(f), 19(d), 38(d)(1), and 39(b)-(c), RJP. The court must schedule a hearing on the motion with notice to the parties and counsel. The provisions in W. Va. Code § 49-4-702 regarding prepetition diversion are not mandatory until July 1, 2016. with developing a statewide planning capacity to improve West Virginia's juvenile justice system.  Members are appointed by the Governor and represent every aspect of West Virginia's juvenile justice system. Collected data will be shared with the Juvenile Justice Reform Oversight Committee, the body statutorily authorized to oversee the implementation of reform measures intended to improve the state's juvenile justice system. Rule 52 requires that that an independent evaluator submit a report concerning the specific placement 20 days before placement, except in cases in which good cause can be shown. 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. 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. Subscribe today and SAVE up to 80% on this form. 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. MS Word. News. As noted above, a juvenile must have serious emotional or behavioral disorders to be subject to this type of placement. This is a California form that can be used for Juvenile within Local County, Los Angeles. North Carolina Courts. A petition regarding the child in has been filed under Welfare and Institutions Code section 300 Welfare and Institutions Code section 601 Welfare and Institutions Code section 602 or b. I believe the child in died as 2 a result of abuse or neglect. 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 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. 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. The court is required to review the juvenile's progress during judicial reviews. Rule 44, RJP; W. Va. Code § 49-4-605(a). W. Va. Code § 49-4-710(a). W. Va. Code § 49-5-106. Offender Services. 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. 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. Juvenile records must be treated as absolutely confidential by the school official to whom they are transmitted, and nothing contained within the juvenile's records shall be noted on the juvenile's permanent educational record. In turn, the circuit court must conduct a detention review hearing under Rule 16 within three judicial days. Filing An Incorrigible Petition The Family Division of the Circuit Court has jurisdiction in proceedings against juveniles under 17, if the juvenile repeatedly disobeys the reasonable and lawful commands of his or her parents or guardians (incorrigibility). 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 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. Otherwise, the hearing must be conducted within 10 judicial days. A juvenile who does not cooperate in and complete the program returns to circuit or municipal court for further juvenile proceedings. At any time prior to the adjudicatory hearing, unless a shorter time frame is specified by the court, a juvenile may request a community supervision period. The court may conduct a disposition hearing immediately after the juvenile has been adjudicated, unless the multidisciplinary treatment team must first be convened. Use this form to ask the court to change your dispositional orders or redesignate your marijuana-related offense. A youth charged with a status offense may be placed out of the home only in a staff-secure or non-secure facility. If no probable cause is found, the judicial officer must dismiss the petition. W. Va. Code § 49-4-710(d), (e), (f), and (g). 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. Rule 45, 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. 7B-1501(7), -1801, -1802 I have sufficient knowledge or information to believe that a case has arisen that invokes the juvenile jurisdiction of the court, and therefore allege that: 1. W. Va. Code § 49-4-712(g). W. Va. Code § 49-4-702(d)(1). The petition must contain specific allegations of the essential facts within the petitioner's knowledge. 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. The petition process (and all that follows) is often noted in some manner as formal: "formal filing," "formal petition," "formal proceedings," or  "going formal." Impose a fine in the amount of $100 or less. W.Va. Code § 49-4-725(c). W. Va. Code § 49-4-702(d)(2). There is also a diagnostic services facility for assessments and psychological evaluations to assist in identifying appropriate individualized treatment. Petition to Terminate Appointment of Juvenile Guardian, Notice of Hearing, and Order for Investigation MCR 3.979(F) (9/12) previous approved form which can be used until stock is depleted Entire agreement court programs, the prosecutor has discretion to decide whether diversion is appropriate may enter a court... 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