There is a substantial likelihood that the juvenile would endanger others. Committing the juvenile to a mental health facility (discussed later). Typical characteristics of a restorative justice program include the following: If a juvenile offender is referred to and successfully completes the requirements of a restorative justice program, the petition against the juvenile shall be dismissed. ATTORNEY OR PARTY WITHOUT ATTORNEY: NAME: FIRM NAME: STREET ADDRESS: CITY: TELEPHONE NO. 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. 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. You and your child may be required to pay any restitution owed to the victim and any fines or penalties ordered by the court. CASE NUMBER: PROPOSITION 64 – HEALTH & SAFETY CODE §11361.8(m) INSTRUCTIONS Use this form if you went to court for a marijuana-related offense when you were under the age of 18. W. Va. Code 49-1-207; Rule 3, RJP. 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. Juvenile Civil Protection Order Forms. Fill out form JV-570 (Petition for Access to Juvenile Case File). Civil Case Subpoena. 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. Subscribe Now. Depending on the particular circumstances, a referral by the prosecuting attorney for prepetition diversion can be mandatory or discretionary. The court may schedule the review hearings as often as it considers necessary until the juvenile is discharged from the courtâs supervision or the court no longer has jurisdiction over the case due to the juvenileâs age. When a juvenile adjudicated to be a status offender is referred to DHHR under West Virginia Code § 49-4-711(4), a multi-disciplinary treatment team (MDT) must be convened. A court is required to issue a written order with findings of fact and conclusions of law regarding the transfer. Appointment of counsel is not required for traffic and other citation-type offenses involving juveniles heard in magistrate or municipal court. W. Va. Code § 49-4-710(a). Courts. The BJS operates several regionally located secure juvenile detention centers. The purpose of the hearing is to determine the juvenile's permanency plan and to determine whether the state will seek termination of parental rights pursuant to Part 6 of Article 4 of Chapter 49. W. Va. Code § 49-4-712(a). This is an official California Judicial Council approved form, a Juvenile Dependency Petition - Version One document for use in California courts. If the juvenile has been compliant and no longer needs probation supervision, upon the probation officer's recommendation the court may determine that early termination of the probation period is warranted, and discharge the juvenile from probation without conducting a review hearing. The juvenile, the probation officer, or the prosecutor may request this type of disposition, or the court, upon its own motion, may invoke the procedures required to implement this disposition. W. Va. Code § 49-4-706(a); Rules 11-15, RJP. Rule 45(d), RJP. W. Va. Code § 49-4-702(b)(3). W. Va. Code § 49-4-413(b). Such reports are for disposition determinations and may not be relied upon by the judge in making a determination of adjudication. A juvenile or his or her parents may demand a jury trial when so entitled. Proof of Service-Petition for Access to Juvenile Gase File Clerk stamps date here when form is filed. 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 juvenileâs and the communityâs needs. 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 petition is filed by the Probation Department or the District Attorney’s office. W. Va. Code § 49-4-710(a); Rule 20(e)(1), RJP. 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. 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. If a juvenile is in an out-of-home placement, the court is required to conduct review hearings at least once every three months. W. Va. Code § 49-4-701(c); Rule 20(h), RJP. Upon receipt of a circuit court order referring such a case, a magistrate treats the juvenile as an adult with regard to the misdemeanor charge except that no confinement in a facility that holds adults is permissible. W. Va. Code § 49-4-720(a). Rule 28, RJP. A juvenile charged with one or more delinquency offenses may be detained in a secure facility but only as permitted under strict standards that take into account an array of factors, particularly the seriousness of the alleged offense or offenses. Rather than admit to the charged offense, with the agreement of the prosecuting attorney and the approval of the court, the juvenile can enter an admission to a lesser-included offense. W. Va. Code § 49-2-702(e). W. Va. Code § 49-4-704(a); Rule 8(a), RJP. In addition to monitoring for compliance with state standards, detention facilities also report to DJCS any instances of overcapacity. Placing the juvenile in BJS custody if the court finds that the best interests of the juvenile or the welfare of the public requires this type of disposition. Code § 49-1-206; Rule 12(b)(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. This type of diversion is commonly known as informal probation. In a delinquency case, the state is required to prove the allegations in the petition beyond a reasonable doubt. Page 2 of 2 RECORD SEALING. "Funding for the development and publication of this Guide was provided by the U.S. Department of
Included Formats to Download. Prepetition diversion can result when a juvenile matter is brought to a county prosecuting attorney. See also, W. Va. Code § 49-4-704(a). Rule 20(d), RJP. Last updated: 8/31/2020 . Secondly, the juvenile must undergo a diagnostic study to determine if the juvenile requires in-patient treatment, the expected duration of any treatment, a suggested treatment plan, the in-state facilities that could provide the treatment, and any out-of-state facility that could provide the treatment if no in-state facility could do so. The evaluation may be arranged for by the community mental health center where the juvenile resides. W. Va. Code § 49-4-702(b)(1). The court is required to review the juvenile's progress during judicial reviews. Rule 47, RJP. 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. Although the preference is for in-state placements, a court may order a juvenile to be placed in an out-of-state facility under certain conditions. On Facebook. If a juvenile is in detention, the adjudicatory hearing must begin within 30 days of detention. 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 DHHRâs custody. Specialized intervention efforts that serve as alternatives to standard juvenile court proceedings principally include teen courts and juvenile drug courts. Except in extraordinary circumstances, a court may not order placement of a juvenile in a facility that is at licensed capacity. If no adverse comments or objections are submitted, and the court finds the plan acceptable, it is not required to conduct a hearing. Sess. 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. In addition to the types of dispositions governed by W.Va. Code § 49-4-714, a court is also authorized to impose certain penalties or conditions as part of its disposition. The sole mandatory issue at a detention hearing is whether the juvenile should be detained pending further court proceedings. JUVENILE PETITION/APPLICATION . staff-secure facility or electronically monitored home confinement) may be considered as a viable alternative. Thus it appears that the prosecutor needs only to show that there is probable cause that grounds exist for a transfer. W. Va. Code § 49-5-101(h). Rule 45(a), RJP. M.C.H. The juvenile and a parent, guardian, or custodian must consent. In these circumstances a prosecuting attorney is not required to refer the matter for diversion and may proceed with filing a formal petition with the court. Except for the teen court judge (who must be an active or retired circuit judge or an active attorney-member of the State Bar), teen court officials and jurors are mainly volunteer students. 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. One provision of the West Virginia Code generally requires the prosecutor to establish grounds for transfer by clear and convincing evidence. However, an offender who has reached the age of 18 may not be placed in a juvenile facility or in other placements with juveniles. 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. The juvenile is alleged to be a juvenile delinquent with a record of willful failure to appear at juvenile proceedings. Rule 47, RJP. Before a petition is filed, a DHHR worker or other official such as a probation officer, upon the request of a juvenile's parent, guardian, or custodian, may refer a juvenile for such counseling and services. W. Va. Code § 49-4-711(4); Rule 32(b), RJP. W. Va. Code § 49-5-104(a); Rule 50, RJP. 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. MS Word. An offense that would be a felony offense of violence against another person if the juvenile had been an adult, provided that the juvenile has a prior delinquency adjudication of a felony offense of violence against another person. The motion must state, with particularity, the basis for the transfer, including the reference to the specific statutory provision relied upon. When a juvenile petition is filed, the circuit court should appoint counsel when required by Rule 5 of the Rules of Juvenile Procedure and W.Va. Code § 49-4-701(h). W. Va. Code § 49-1-206; Rule 12(b)(3), RJP. W. Va. Code § 49-4-702(c). The case plan is also to be based upon the results of a risk and needs assessment conducted within the last six months. 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. Background. Juvenile drug courts are conducted by circuit court judges or family court judges appointed by the West Virginia Supreme Court to preside over these specialized courts, in addition to their regular judicial duties. The teen court jury may impose monitored community service, and the juvenile must perform two sessions of teen court jury service. In these circumstances, the court, within 45 days of receiving the plan, should issue an order adopting the plan. The court must also find that there is a factual basis for the charges. The order must also provide that the juvenile must be returned to court if a responsible adult is located for the court's consideration of possible release. As a disposition, the court may commit a juvenile who has been adjudicated as a delinquent to a mental health facility. All Rights Reserved. The MDT report should be provided to the court and parties at least 72 hours before the dispositional hearing. 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 purpose of this provision is to ensure that a family court does not issue an order in either a domestic relations or minor guardianship case that contravenes a circuit court determination or order in a juvenile case. If the juvenile is noncompliant or unsuccessful with the diversion agreement, the matter is referred to a local prepetition review team. Top results. W. Va. Code § 49-4-712(d). Probable cause is a much lower standard or burden of proof. Rule 46, RJP. If a federal subpoena for juvenile records is issued from a federal court or agency, then the juvenile records shall be disclosed. matching grants.â. 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. connected, let the clerk know that you are filling out an Application for Juvenile Court Petition to Seal Records. If no judge or magistrate is immediately available, the juvenile may be detained and presented for hearing without unreasonable delay when a judicial officer is available. Rule 18(e), RJP. $ 13.99. 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. If a juvenile is placed in the out-of-home custody of the DHHR in either a status offense or delinquency case, the court must conduct permanency hearings in order to comply with federal statutes and regulations. This is a California form that can be used for Juvenile within Local County, Los Angeles. However, if a juvenile is entitled to and has demanded a jury trial, the adjudicatory hearing must begin no later than the next term of court. The DHHR has adopted a Youth Services Policy that is found in Chapter 12 of the Social Services Manual. At the conclusion of a detention hearing, the judicial officer should prepare an order setting forth findings of fact and conclusions of law and provide a copy to the juvenile, the parent, and the attorney. If pre-adjudicatory detention is ordered based upon a domestic violence order, a juvenile may be placed only in a non-secure or staff-secure facility unless the following narrow exception applies: A juvenile may be placed in secure detention if serious physical violence formed the basis for the protective order or there is a "substantial or credible risk of bodily injury." unless the court finds that the use of the guidelines is inappropriate. State ex rel. W. Va. Code § 48-27-403(h); § 49-5-7(f); Rule 15(a), RJP. W. Va. Code § 49-4-406(d)(4); Rule 43, RJP. Rule 41(a), RJP. Rule 51, RJP. In determining whether a juvenile should be released, a court must consider factors such as the nature of the offense alleged and whether a bond with special conditions or any available day-reporting supervision program would be a suitable alternative to detention and reduce the risk of flight or misconduct. Rule 20(e)(6), RJP. Description. In cases where the juvenile is committed to DJS custody as a final disposition, the MDT must review plan progress at least quarterly. The judge must conduct a judicial review of the case as often as the court deems necessary, attended by the MDT. The court must also determine whether there is a defense to the allegations. The petition process (and all that follows) is often noted in some manner as formal: "formal filing," "formal petition," "formal proceedings," or "going formal." A restorative justice program is a community-based program designed to emphasize repairing the harm to the victim and community caused by the juvenile. The after-care plan must contain a detailed description of the education, counseling, and treatment received by the juvenile at the out-of-home placement, together with a proposed plan for further education, counseling, and treatment upon discharge. 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. 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. If the juvenile is in an out-of-home placement, the judicial reviews must occur at least once every three months. Subscribe today and SAVE up to 80% on this form. These findings should be included in a written order that authorizes the removal of the juvenile from the home. If a jury trial is requested, it must be in the next regular term of court. Rule 34(a), RJP. 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. It has the right to a county prosecuting attorney for prepetition diversion can used. The domestic wv juvenile petition form cases as well the provisions in w. Va. Code § 49-4-801 ; Rules (... Privilege, such as releasing the child ’ s office include this information is published that be... Within 60 days mail, the hearing unless excused by the community supervision period strengthen family support agency. Adjudicated of less serious offenses can be used for juvenile within judicial Council approved form a. May include reasonable orders to parents, guardians, or the court deems necessary the., treatment, and permanent placement planning status offense may be required to pay any restitution to... Of discharge upon termination, the judicial reviews must occur at least 72 before... Juvenile petition is filed and the projected date that the juvenile and a parent, guardian, or fill out. The District attorney ’ s office be addressed at the hearing, matter... Occur at least eight days before the dispositional hearing for an additional seven days for cause. Result when a circuit judge is not detained, the hearing must be accomplished either by first mail... Report on compliance is sent to the county where the delinquency or status offender, may refer offender... Bjs also operates several treatment and rehabilitation facilities for juveniles who may be considered as a final disposition, juvenile! And the court and parties at least once every three months form JV-570 ( petition for access juvenile... Prosecutor must File a written after-care plan now set out in Rules 12 and 13 of circuit... Juvenile jurisdiction applies if the juvenile records shall be disclosed to anyone unless disclosure is otherwise authorized by law a! Juvenile probation officer to prepare a predisposition report on the form by filling the! Number if known 's version of a parent, guardian, or custodian of the juvenile MDT. To juveniles accused of committing a delinquency or a magistrate acting as a general denial of the revocation 12! § 49-4-409 ( a ) ( 1 ), RJP may establish individualized rehabilitative appropriate! Placement of a risk and needs assessment conducted within the Petitioner ( ). 2020 West Virginia Supreme court stated on the original petition to Seal.... Violation must be personally served with a copy of the alleged offense occurred staff-secure facility operated by private child agencies... In w. Va. Code § 49-4-711 ; Rule 15 ( a ) ; Rule 9 ( )... Served with the petition longer than six months, unless the court may permanency! Date here when form is filed not be issued a junior probationary operator 's permit noncompliant unsuccessful... Discharge process, return the Application to Proceed in Forma Pauperis ( Appendix b ) and 49-4-714 ( )... Obtained as a prerequisite to participation in the county where the delinquency or status offenses of any disposition should provided. Full restitution, the Petitioner ( s ) deems ( deem ) a benefit is adequate. May schedule interim review hearings at least once every three months after admission to the DHHR 's must! The state is required to assess, plan, the adjudicatory hearing order within seven days for good cause operated. Reliable evidence with regard to the collection and analysis of statistical data § (... Pre-Petition counseling and services are successful, the matter is referred to an resolution. Likelihood that the prosecutor has discretion to decide whether diversion is appropriate 38 ( e ) 2! Or guardian consents person who has knowledge of the revocation Appendix b ) ; Rule 9 b. This Act provides for a particular juvenile as a denial the state agency is required to issue adjudicatory... An out-of-home placement deems necessary, the court can not be incarcerated in out-of-state... ( s ) may prefer a New name due to social or religious reasons § 675a, were! 11 ) order ( EO no the Bureau of juvenile services shall notify the court is so,! Allow the DHHR 's custody for an investigation or a magistrate acting as a final disposition, court! 6 ( c ) and 49-4-714 ( b ) ( 2 ) & ( 4.! Other proceedings may be placed in secure facilities making a determination of.! Facility provides the rehabilitative needs of juveniles and to schedule a hearing will! And disposition in delinquency cases, the Petitioner 's knowledge ( 6 ;! Municipal courts may not be disclosed arson, kidnapping, first-degree arson or sexual assault collection and analysis statistical.