reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-706. Detention Hearing; Rights of Juvenile; Notification; Counsel; Hearings

(a) The circuit court judge or magistrate shall inform the juvenile of his or her right to remain silent, that any statement may be used against him or her and of his or her right to counsel, and no interrogation may be made without the presence of a parent or counsel. If the juvenile or his or her parent, guardian or custodian has not retained counsel, counsel shall be appointed as soon as practicable. The circuit court judge or magistrate shall hear testimony concerning the circumstances for taking the juvenile into custody and the possible need for detention. The sole mandatory issue at the detention hearing is whether the juvenile should be detained pending further court proceedings. The court shall, if the health, safety and welfare of the juvenile will not be endangered thereby, release the juvenile on recognizance to his or her parents, custodians or an appropriate agency; however, if warranted, the court may require bail, except that bail may be denied in any case where bail could be denied if the accused were an adult. The court shall:
(1) Immediately notify the juvenile's parent, guardian or custodian or, if the parent, guardian or custodian cannot be located, a close relative;
(2) Release the juvenile into the custody of his or her parent, guardian or custodian unless:
(A) Circumstances present an immediate threat of serious bodily harm to the juvenile if released;
(B) No responsible adult can be found into whose custody the juvenile can be delivered. However, each day the juvenile is detained, a written record must be made of all attempts to locate a responsible adult; or
(C) The juvenile is charged with an act of delinquency for which secure detention is permissible; and
(3) If the juvenile is an alleged status offender, immediately notify the Department of Health and Human Resources, and, if the circumstances of either paragraph (A) or (B), subdivision (2) of this subsection exist and the requirements therein are met, the court may order the juvenile detained, but only in a nonsecure or staff-secure facility. Any juvenile detained pursuant to this subdivision shall be placed in the legal custody of the Department of Health and Human Resources pending further proceedings by the court.
(b) The circuit court judge or magistrate may, in conjunction with the detention hearing, conduct a preliminary hearing pursuant to section seven hundred and four of this article if all the parties are prepared to proceed and the juvenile has counsel during the hearing.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-709. Right to Jury Trial for Juveniles; Inapplicability

(a) In a proceeding under this article, the juvenile, the juvenile's counsel or the juvenile's parent or guardian may demand, or the judge on his or her own motion may order a jury trial on any question of fact, in which the juvenile is accused of any act or acts of delinquency which, if committed by an adult would expose the adult to incarceration.
(b) A juvenile who is charged with a status offense or other offense where incarceration is not a possibility due either to the statutory penalty or where the court rules pretrial that a sentence of incarceration will not be imposed upon adjudication is not entitled to a trial by jury.
(c) This section is inapplicable to proceedings held pursuant to section seven hundred sixteen of this article.
(d) Juries consist of twelve members.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-711. Adjudication for Alleged Status Offenders and Delinquents; Mandatory Initial Disposition of Status Offenders

At the outset of an adjudicatory hearing, the court shall inquire of the juvenile whether he or she wishes to admit or deny the allegations in the petition. The juvenile may elect to stand silent, in which event the court shall enter a general denial of all allegations in the petition.
(1) If the respondent juvenile admits the allegations of the petition, the court shall consider the admission to be proof of the allegations if the court finds: (A) The respondent fully understands all of his or her rights under this article; (B) the respondent voluntarily, intelligently and knowingly admits all facts requisite for an adjudication; and (C) the respondent in his or her admission has not set forth facts which constitute a defense to the allegations.
(2) If the respondent juvenile denies the allegations, the court shall dispose of all pretrial motions and the court or jury shall proceed to hear evidence.
(3) If the allegations in a petition alleging that the juvenile is delinquent are admitted or are sustained by proof beyond a reasonable doubt, the court shall schedule the matter for disposition pursuant to §49-4-704 of this code. The court shall receive and consider the results of the needs assessment, as defined in §49-1-206 of this code, prior to or at the disposition.
(4) If the allegations in a petition alleging that the juvenile is a status offender are admitted or sustained by clear and convincing evidence, the court shall consider the results of the needs assessment, as defined in §49-1-206 of this code, prior to or at the disposition and refer the juvenile to the Department of Health and Human Resources for services, pursuant to §49-4-712 of this code, and order the department to report back to the court with regard to the juveniles progress at least every 90 days or until the court, upon motion or sua sponte, orders further disposition under §49-4-712 of this code or dismisses the case from its docket: Provided, That in a judicial circuit operating a truancy program, a circuit judge may, in lieu of referring truant juveniles to the department, order that the juveniles be supervised by his or her probation office: Provided, however, That a circuit judge may also refer a truant juvenile to a truancy diversion specialist.
(5) If the allegations in a petition are not sustained by evidence as provided in §49-4-711(c) and §49-4-711(d) of this code, the petition shall be dismissed and the juvenile shall be discharged if he or she is in custody.
(6) Findings of fact and conclusions of law addressed to all allegations in the petition shall be stated on the record or reduced to writing and filed with the record or incorporated into the order of the court. The record shall include the treatment and rehabilitation plan the court has adopted after recommendation by the multidisciplinary team as provided for in §49-4-406 of this code.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-713. Graduated Penalties for Juvenile Alcohol Consumption; Fines; Community Service; Revocation of Driver's License

(a) Notwithstanding any provision of this article to the contrary, in addition to any other penalty available to the court, any child who is adjudicated to have consumed alcoholic liquor or nonintoxicating beer as defined in section five, article one, chapter sixty of this code, shall:
(1) Upon a first adjudication, he or she shall be ordered to perform community service for not more than eight hours or fined not more than $25, or both performing community service and fined.
(2) Upon a second adjudication, he or she shall be ordered to perform community service for not more than sixteen hours or fined not more than $50, or both performing community service and fined.
(3) Upon a third or subsequent adjudication, he or she shall be ordered to perform not more than twenty-four hours of community service or fined not more than $100, or both performing community service and fined.
(b) In addition to the penalties set forth in subsection (a) of this section and notwithstanding the provisions of subdivision (4), subsection (a), section seven hundred fifteen of this article, any child adjudicated a second time for consumption of alcoholic liquor or nonintoxicating beer shall have his or her license to operate a motor vehicle suspended for a definite term of not less than five nor more than ninety days. Any child adjudicated a third or subsequent time for consumption of an alcoholic liquor or nonintoxicating beer shall have his or her license to operate a motor vehicle suspended until he or she attains the age of eighteen years.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-715. Authority of the Courts to Impose Additional Penalties; Public Service Projects; Ineligible to Operate a Motor Vehicle; Restitution

(a) In addition to the methods of disposition provided in section seven hundred fourteen of this article, the court may enter an order imposing one or more of the following penalties, conditions and limitations:
(1) Impose a fine not to exceed $100 upon the child;
(2) Require the child to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the child was found to be delinquent, or if the child does not make full restitution, require the custodial parent or parents, as defined in section two, article seven-a, chapter fifty-five, of the child to make partial or full restitution to the victim to the extent the child fails to make full restitution;
(3) Require the child to participate in a public service project under the conditions as the court prescribes, including participation in the litter control program established pursuant to the authority of section three, article fifteen-a, chapter twenty-two of this code; and
(4) When the child is fifteen years of age or younger and has been adjudged delinquent, the court may order that the child is not eligible to be issued a junior probationary operator's license or when the child is between the ages of sixteen and eighteen years and has been adjudged delinquent, the court may order that the child is not eligible to operate a motor vehicle in this state, and any junior or probationary operator's license shall be surrendered to the court. The child's driving privileges shall be suspended for a period not to exceed two years, and the clerk of the court shall notify the Commissioner of the Division of Motor Vehicles of the order.
(b) Nothing may limit the discretion of the court in disposing of a juvenile case. The juvenile may not be denied probation or any other disposition pursuant to this article because the juvenile is financially unable to pay a fine or make restitution or reparation. All penalties, conditions and limitations imposed under this section shall be based upon a consideration by the court of the seriousness of the offense, the child's ability to pay and a program of rehabilitation consistent with the best interests of the child.
(c) Notwithstanding any other provisions of this code to the contrary, in the event a child charged with delinquency under this chapter is transferred to adult jurisdiction and there convicted, the court may nevertheless, in lieu of sentencing the person as an adult, make its disposition in accordance with this section.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-717. Sexting Educational Diversion Program; Requirements

(a) Before a juvenile petition is filed for activity proscribed by article eight-a or eight-c, chapter sixty-one of this code, or after probable cause has been found to believe a juvenile has committee a violation thereof, but before an adjudicatory hearing on the petition, the court or a prosecuting attorney may direct or allow a minor who engaged in the activity to participate in an educational diversion program which meets the requirements of subsection (b) of this section. The prosecutor or court may refer the minor to the educational diversion program, as part of a prepetition intervention pursuant to section seven hundred two of this article.
(b) The West Virginia Supreme Court of Appeals may develop an educational diversion program for minors who are accused of activity proscribed by article eight-a or eight-c, chapter sixty-one of this code. As a part of any specialized educational diversion program so developed, the following issues and topics should be included:
(1) The legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable federal and state statutes;
(2) The nonlegal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities;
(3) How the unique characteristics of cyberspace and the Internet, including searchability, replicability and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and
(4) The connection between bullying and cyber-bullying and minors sharing sexually suggestive or explicit materials.
(c) Once a specialized educational diversion program is established by the West Virginia Supreme Court of Appeals consistent with this section, the minor's successful completion of the educational diversion program shall be duly considered by the prosecutor or the court in their respective decisions to either abstain from filing the juvenile petition or to dismiss the juvenile petition, as follows:
(1) If the minor has not previously been judicially determined to be delinquent, and the minor's activities represent a first offense for a violation of section three-b, article eight-c, chapter sixty-one of this code, the minor is not subject to the requirements of that section, as long as he or she successfully completes the educational diversion program; and
(2) If the minor commits a second or subsequent violation of article eight-a or eight-c, chapter sixty-one of this code, the minor's successful completion of the educational diversion program may be considered as a factor to be considered by the prosecutor and court in deciding to not file a petition or to dismiss a petition, upon successful completion of an improvement plan established by the court.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-718. Modification of Dispositional Orders; Motions; Hearings

(a) A dispositional order of the court may be modified:
(1) Upon the motion of the probation officer, a department official, the director of the Division of Juvenile Services or prosecuting attorney; or
(2) Upon the request of the juvenile or a juvenile's parent, guardian or custodian who alleges a change of circumstances relating to disposition of the juvenile.
(b) Upon such a motion or request, the court shall conduct a review hearing, except that if the last dispositional order was within the previous six months, the court may deny a request for review. Notice in writing of a review hearing shall be given to the juvenile, the juvenile's parent, guardian or custodian and all counsel not less than seventy-two hours prior to the proceeding. The court shall review the performance of the juvenile, the juvenile's parent or custodian, the juvenile's case worker and other persons providing assistance to the juvenile or juvenile's family. If the motion or request for review of disposition is based upon an alleged violation of a court order, the court may modify the disposition order and impose a more restrictive alternative if it finds clear and convincing proof of substantial violation. In the absence of such evidence, the court may decline to modify the dispositional order or may modify the order and impose one of the less restrictive alternatives set forth in section seven hundred twelve of this article. A juvenile may not be required to seek a modification order as provided in this section in order to exercise his or her right to seek relief by habeas corpus.
(c) In a hearing for modification of a dispositional order, or in any other dispositional hearing, the court shall consider the best interests of the child and the welfare of the public.
(d)(1) For dispositional orders that include probation, the juvenile's probation officer shall submit an overview to the court of the juvenile's compliance with the conditions of probation and goals of his or her case plan every ninety days.
(2) If the juvenile is compliant and no longer in need of probation supervision, the probation officer shall submit a recommendation for discharge from probation supervision. If the court determines that early termination of the probation term is warranted, it may issue an order discharging the juvenile from probation without conducting a review hearing.
(3) If the juvenile is not compliant with the conditions or has not met his or her goals, the probation officer shall include an accompanying recommendation to the court with additional or changed conditions or goals necessary to achieve compliance. If the court determines that changes to the conditions of probation are warranted, the court shall conduct a review hearing in accordance with subsection (b) of this section.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-720. Prohibition on Committing Juveniles to Adult Facilities

(a) A juvenile, including one who has been transferred to criminal jurisdiction of the court, may not be detained or confined in any institution in which he or she has contact with or comes within sight or sound of any adult persons incarcerated because he or she has have been convicted of a crime or are awaiting trial on criminal charges or with the security staff (including management) or direct-care staff of a jail or locked facility for adults.
(b) A child who has been convicted or is awaiting trial of an offense under the adult jurisdiction of the circuit court may not be held in custody in an adult correctional facility of this state while under the age of 18 years. The Division of Juvenile Services shall notify the sentencing court and copy the county prosecuting attorney of the sentencing court within 180 days, or as soon as practicable, that the child will be turning 18 years of age. The court shall, upon receipt of the notice, set the matter for a hearing. Before the child reaches 18 years of age, the court shall hold a hearing and enter an order transferring the offender to an adult correctional facility, a facility for youthful offenders, if applicable: or any other disposition the court considers appropriate, which does not violate the provisions of subsection (a) of this section: Provided, however, That the court may not remand a person who reached the age of 18 years to a juvenile facility or place the person with other juveniles.
(c) The provisions of §61-11A-1 et seq. of this code, are applicable to proceedings under this section.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-721. Rules Governing Juvenile Facilities; Rights of Juveniles

(a) The Director of the Division of Juvenile Services within the Department of Military Affairs and Public Safety shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, outlining policies and procedures governing the operation of those correctional, detention, predispositional detention centers and other facilities wherein juveniles may be housed. These policies and procedures shall include, but are not limited to, standards of cleanliness, temperature and lighting; availability of medical and dental care; provision of food, furnishings, clothing and toilet articles; supervision; procedures for enforcing rules of conduct consistent with due process of law; and visitation privileges. A juvenile in custody or detention has, at a minimum, the following rights, and the policies prescribed ensuring that:
(1) A juvenile may not be punished by physical force, deprivation of nutritious meals, deprivation of family visits or imposition of solitary confinement;
(2) A juvenile shall be afforded an opportunity to participate in physical exercise each day;
(3) Except for sleeping hours, a juvenile in a state facility may not be locked alone in a room unless that juvenile is not amenable to reasonable direction and control;
(4) A juvenile shall be provided with his or her own clothing or individualized clothing which is clean and supplied by the facility, and shall also be afforded daily access to showers;
(5) A juvenile shall be afforded constant access to writing materials and may send mail without limitation, censorship or prior reading, and may receive mail without prior reading, except that mail may be opened in the juvenile's presence, without being read, to inspect for contraband;
(6) A juvenile may make and receive regular local phone calls without charge and long distance calls to his or her family without charge at least once a week, and receive visitors daily and on a regular basis;
(7) A juvenile shall be afforded immediate access to medical care as needed;
(8) A juvenile in a juvenile detention facility or juvenile corrections facility shall be provided access to education, including teaching, educational materials and books;
(9) A juvenile shall be afforded reasonable access to an attorney upon request; and
(10) A juvenile shall be afforded a grievance procedure, including an appeal mechanism.
(b) Upon admission to a detention facility or juvenile corrections facility, a juvenile shall be furnished with a copy of the rights provided him or her by virtue of this section and as further prescribed by rules proposed and promulgated pursuant to this section.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-722. Conviction for Offense While in Custody

(a) Notwithstanding any other provision of law to the contrary, any person who is 18 years of age or older who is convicted as an adult of an offense that he or she committed while in the custody of the Bureau of Juvenile Services and who is sentenced for the conviction to a regional jail or state correctional facility for the offense may not be returned to the custody of the Bureau upon the completion of his or her adult sentence.
(b) Whenever a person of 18 years of age or older is charged with an offense while in the custody of the Bureau of Juvenile Services, the Bureau shall provide notice of the person’s custodial status to the court in which the charge is pending and provide notice of the pending charge to the circuit court having juvenile jurisdiction over the person.
(c) At least 10 days prior to the sentencing on a criminal charge referred to in subsection (b) of this section, the sentencing court shall provide written notice of the sentencing hearing to the Commissioner of the Division of Corrections and Rehabilitation and to the circuit court having juvenile jurisdiction over the person. The person may not be released from custody until the sentencing court has received notice from the circuit court having juvenile jurisdiction over the person that it has held the hearing required by subsection (d) of this section.
(d) Prior to completion of the adult sentence referenced in subsection (c) of this section, the circuit court having jurisdiction over the underlying juvenile matter shall conduct a hearing to determine whether the person who has turned 18 years of age shall remain in the regional jail during pendency of the underlying juvenile matter or if another disposition or pretrial placement is appropriate and available: Provided, That the court may not remand a child who reached the age of 18 years to a juvenile facility or placement during the pendency of the underlying juvenile matter.
(e) Notwithstanding the provisions of §15A-3-12(i) of this code, the Commissioner of the Division of Corrections and Rehabilitation is authorized to designate a unit in one or more institutions, either juvenile facilities, jails, or prisons, under his or her management to house adults remaining under the juvenile jurisdiction of the circuit court to ensure that such persons are not within sight or sound of adult inmates.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-723. Discrimination Prohibited; Penalties; Damages

(a) No individual, firm, corporation or other entity may discriminate against any person in any manner due to that person's prior involvement in a proceeding under this article if that person's records have been expunged pursuant to this article. This includes, but is not limited to, discrimination relating to employment, housing, education, obtaining credit, and contractual rights.
(b) Any person who willfully violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, or confined in jail for not more than six months, or both fined and confined. Additionally, a person who violates this section is liable to the person who has been discriminated against for damages in the amount of $300 or the actual amount of damages, whichever is greater.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-724. Standardized Assessments

(a) The Supreme Court of Appeals is requested to adopt a risk and needs assessment to be used for adjudicated delinquents, detained and delivered to, or committed to the custody of the Commissioner of Corrections and Rehabilitation. A validation study of the risk and needs assessment may be conducted at least every three years to ensure that the risk and needs assessment is predictive of the risk of reoffending.
(b) Each juvenile adjudicated for a delinquency offense and committed or detained with the Division of Corrections and Rehabilitation in accordance with §49-4-714(b)(5)(A) of this code shall undergo a risk and needs assessment prior to disposition to identify specific factors that predict a juveniles likelihood of reoffending and, when appropriately addressed, may reduce the likelihood of reoffending. The risk and needs assessment may be conducted by a division worker trained to conduct the risk and needs assessment.
(c) Each multidisciplinary team convened pursuant to §49-4-406(c) of this code shall receive and consider the results of the risk and needs assessment of the juvenile.
(d) The results of the risk and needs assessment shall be provided to the court prior to disposition or at the time of the dispositional hearing.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-725. Restorative Justice Programs

(a) The court or prosecuting attorney may offer a juvenile, against whom a petition has been filed alleging that the juvenile has committed any of the offenses set forth in subsection (b) of this section, the opportunity to participate in a voluntary restorative justice program, where available, at any time prior to disposition of the case.
(b) A juvenile is eligible to participate in a restorative justice program if the offense that the juvenile is alleged to have committed is:
(1) A status offense;
(2) An offense that would constitute a nonviolent offense if committed by an adult;
(3) An offense that would constitute misdemeanor assault pursuant to 61-2-9(b) of this code if committed by an adult; or
(4) An offense that would constitute misdemeanor battery pursuant to 61-2-9(c) of this code if committed by an adult.
(c) The juvenile or the victim or both may decline and shall not be required to participate in a restorative justice program:
Provided
, That any declination by the juvenile or the victim or both shall not preclude future participation in a restorative justice program during the current proceeding or any subsequent proceeding under this article.
(d) A restorative justice program shall implement measures agreed to by the victim and the juvenile which are designed to provide redress to the victim and community, including, but not limited to, restitution to the victim, restitution to the community, services for the victim, services for the community, or any other reasonable measure intended to provide restitution or services to the victim or the community.
(e) If a juvenile is referred to, and successfully completes, a restorative justice program, including all agreed-to measures pursuant to subsection (d) of this section, the petition against the juvenile shall be dismissed.
(f) No self-incriminating information obtained from the juvenile as the result of a restorative justice program is admissible as evidence against him or her in a subsequent proceeding under this article.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-726. Study of Juvenile Competency Issues; Requiring and Requesting Report and Proposed Legislation; Submission to Legislature

(a) The Secretary of the Department of Health and Human Resources and the Secretary of the Department of Military Affairs and Public Safety are directed, and the Juvenile Justice Commission of the Supreme Court of Appeals is requested to undertake a collaborative investigation and evaluation of issues regarding juvenile competency. They shall:
(1) Develop appropriate procedures for determining what actions should be taken when a juvenile is determined to lack substantial capacity to understand the proceedings against him or her brought under 49-4-704 of this code;
(2) Recommend appropriate processes for juveniles to receive restorative services when found to be incompetent; and
(3) Recommend appropriate disposition alternatives for juveniles found to be incompetent and not restorable, including a recommendation as to the location and operation of an appropriate facility to house juveniles determined to be incompetent, nonrestorable, and in need of out-of-home placement.
(b) The secretaries shall issue a joint report of their findings and recommendations, together with draft legislation necessary to effectuate the recommendations, on or before July 31, 2020, to the President of the Senate and the Speaker of the House of Delegates.
(c) The report shall:
(1) Include models from other states considered to be best practices;
(2) Include an estimate of the number of juveniles that may be affected by this procedure and data of trends by other states;
(3) Include an estimate of the cost of providing restorative services and a recommendation of which agency should pay for the services; and
(4) Ensure that any recommended legislation provides that all services be provided in the least restrictive placement for the juvenile and recommend a facility for the housing and treatment of juveniles determined to be incompetent, nonrestorable, and in need of out-of-home placement which can appropriately provide the juvenile with necessary services.
(d) It is the intent of the Legislature in enacting this section to acknowledge the importance of ensuring the constitutionality of juvenile proceedings under 49-4-704 of this code.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-730. Juvenile Competency Qualified Forensic Evaluator; Qualifications

An evaluation ordered by the court shall be conducted by a qualified forensic evaluator.
(1) A qualified forensic evaluator shall have education and training in the following areas:
(A) Forensic evaluation procedures for juveniles, including accepted criteria used in evaluating competency;
(B) Evaluation, diagnosis, and treatment of children and adolescents with developmental disability, developmental immaturity, intellectual disability, or mental illness;
(C) Clinical understanding of child and adolescent development; and
(D) Familiarity with competency standards in this state.
(2) The department shall establish procedures for ensuring the training and qualifications of qualified forensic evaluators. Annually, the department shall provide a list of qualified forensic evaluators to the Administrative Office of the Supreme Court of Appeals of West Virginia.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-732. Hearing to Determine Juvenile S Competency to Participate in the Proceedings

(a) Not more than 15 judicial days after receiving the evaluators report, the court shall conduct a hearing to determine the juveniles competency to participate in the proceedings. The court may continue the hearing for good cause shown.
(b) The competency evaluation report is admissible as evidence in the competency proceedings. The qualified forensic evaluator may be called as a witness and is subject to cross examination by all parties. If authorized by the court, hearings held pursuant to this section may be conducted by or participated in using teleconference or video conference technology. If the court contacts the qualified forensic evaluator to obtain clarification of the report contents, the court shall promptly inform all parties and allow each party to participate in each contact.
(c) In determining the competency of the juvenile to participate in the proceedings, the court shall consider the content of all competency evaluation reports admitted as evidence. The court may consider additional evidence introduced at the hearing by the prosecuting attorney, the juveniles attorney, or guardian ad litem.
(d) (1) Except as otherwise provided, the court shall make a written determination as to the juveniles competency based on a preponderance of the evidence within 10 judicial days after completion of the hearing. The applicable burden of proof shall be as set forth in 49-4-727 of this code.
(2) The court shall not find a juvenile competent to proceed solely because the juvenile is receiving or has received in-patient treatment or is receiving or has received psychotropic or other medication, even if the juvenile might become incompetent to proceed without that medication.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-734. Disposition Alternatives for Incompetent Juveniles

(a) If the court determines that the juvenile has attained competency, the court shall proceed with the delinquent juveniles proceeding in accordance with this article.
(b) After a hearing pursuant to 49-4-732 of this code, if the court determines by the preponderance of the evidence that the juvenile is incompetent to proceed and cannot attain competency within the period of time set forth in 49-4-733(b)(3) of this code, the court may dismiss the petition without prejudice, or may take the following actions or any combination thereof the court determines to be in the juveniles best interest and the interest of protecting the public:
(1) Refer the matter to the department and request a determination on whether a child abuse or neglect petition, pursuant to 49-4-601
et seq
. of this code, should be filed;
(2) Refer the juvenile to the department for services pursuant to 49-4-712 of this code. Services may include, but are not limited to, referral of the juvenile and his or her parents, guardians, or custodians and other family members to services for psychiatric or other medical care, or psychological, welfare, legal, education, or other social services, as appropriate to the needs of the juvenile and his or her family;
(3) Place the juvenile in the custody of his or her parents or other suitable person or private or public institution or agency under terms and conditions as determined to be in the best interests of the juvenile and the public, which conditions may include the provision of out-patient services by any suitable public or private agency; or
(4) Upon motion by the prosecuting attorney, stay the proceeding for no more than 20 days to allow the prosecuting attorney to initiate proceedings for civil commitment pursuant to 27-5-1
et seq
. of this code if the juvenile has attained majority.
(c) A circuit court may, sua sponte or upon a motion by any party direct that a dangerous assessment be performed prior to directing the resolutions set forth in subsection (b) of this section.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-735. Stay of Transfer to Criminal Jurisdiction

If a juvenile is presumed incompetent under 49-4-727(c) of this code, or if the issue of the juveniles competency to participate in the proceedings is raised at any time during the proceedings for a juvenile presumed competent under 49-4-727(b) of this code, the procedures outlined in 49-4-727 through 49-4-734 of this code shall be used to determine the juveniles competency and if appropriate, restore the juveniles competency regardless of whether the case is to proceed under the courts juvenile jurisdiction or transfer to adult criminal jurisdiction pursuant to 49-4-710 of this code and corresponding Rules of Juvenile Procedure adopted by the Supreme Court of Appeals of West Virginia.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-801. Support of a Child Removed From Home Pursuant to This Chapter; Order Requirements

§49-4-801. Support of a child removed from home pursuant to this chapter; order requirements.
(a) It is the intent of the Legislature that to the extent practicable, this article should encourage and require a child's parents to meet the obligation of providing that child with adequate food, shelter, clothing, education, and health and child care.
(b) This article shall be construed to be consistent with articles one, eleven, twelve, thirteen, fourteen, fifteen, sixteen, eighteen, nineteen and twenty four of chapter forty-eight of this code, and those articles apply to actions pursuant to this chapter unless expressly stated otherwise.
(c) When a child is removed from his or her home pursuant to this chapter, the court shall issue a support order payable by the child's mother. If the child's legal father has been determined, the court shall issue a child support order payable by the legal father. If no legal father has been determined, the court shall issue an order establishing paternity prior to or simultaneously with establishing a support order payable by the child's legal father. Copies of the orders shall be provided to the Department of Health and Human Resources, Bureau of Child Support Enforcement.
(d) The order establishing a child support obligation must use the Guidelines for Child Support Awards that are set forth in article thirteen, chapter forty-eight of this code.
(e) In addition to the reasons for deviation listed in section seven hundred two, article thirteen, chapter forty-eight of this code, deviation from the child support guidelines is appropriate when the court finds that:
(1) It may assist the parent in successful completion of an improvement period;
(2) It may be in the best interest of the minor child to issue a zero child support order; and/or
(3) The parent temporarily or permanently has no gross income as defined in section two hundred twenty eight, article one, chapter forty-eight of this code.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-802. General Provisions for Support Orders; Contempt

(a) Any pre-existing support order from any other court or administrative agency with authority to issue a support order shall remain in full force and effect until a superseding order is issued.
(b) If a child is returned to the physical custody of a parent, that parent is not responsible for paying child support for the duration of time that parent has physical custody of the child without the necessity of entry of another court order terminating that parent's child support obligation.
(c) If the action is dismissed for failure to prove the allegations of abuse or neglect, any support provision issued pursuant to this chapter are void ab initio. Any adjudication of paternity shall remain in full force and effect.
(d) The support obligation shall automatically continue beyond the termination of the payor's parental rights, unless the support obligation is explicitly ended in an order.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-803. Enforcement of Support Orders

(a) Support orders may be enforced through any manner provided in chapters thirty-eight and forty-eight of this code.
(b) An action for contempt for nonpayment of support may be brought by the Department of Health and Human Resources, Bureau for Children and Families or Bureau for Child Support Enforcement; the child's physical custodian; the child's guardian ad litem; or the prosecuting attorney.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-903. Interference With Disposition of Child Punishable as Contempt of Court

A person who interferes with the direction of disposition of a child in accordance with an order of the court or judge made in pursuance of this chapter, or with the department, or a probation or other officer of the court in carrying out the directions of the court or judge under an order, is subject to punishment as for contempt of court.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-904. Enticing Child From Custody; Penalties

A person who personally or by agent entices or forcibly removes a child from a custody in which the child was placed under this chapter is guilty of a misdemeanor and, upon conviction shall be fined not more than $100, or confined in jail not more than six months, or fined and confined.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 5. Record Keeping and Database › §49-5-104. Confidentiality of Juvenile Records for Children Who Become of Age While a Ward of the State or Who Have Been Transferred to Adult Criminal Jurisdiction; Separate and Secure Location; Penalties; Damages; Accessibility of Records for Child Victims of Sex Trafficking

(a) One year after the juveniles 18th birthday, or one year after personal or juvenile jurisdiction has terminated, whichever is later, the records of a juvenile proceeding conducted under this chapter, including, but not limited to, law-enforcement files and records, may be kept in a separate secure confidential place and the records may not be inspected except by order of the circuit court.
(b) The records of a juvenile proceeding in which a juvenile was transferred to criminal jurisdiction pursuant to 49-4-710 of this code shall be kept in a separate secure confidential place and the records may not be inspected except by order of the circuit court if the juvenile is subsequently acquitted or found guilty only of an offense other than an offense upon which the waiver or order of transfer was based, or if the offense upon which the waiver or order of transfer was based is subsequently dismissed.
(c) To keep the confidentiality of juvenile records, they shall be returned to the circuit court in which the case was pending and be kept in a separate confidential file. The records shall be physically marked to show that they are to remain confidential and shall be securely kept and filed in a manner so that no one can have access to determine the identity of the juvenile, except upon order of the circuit court.
(d) Marking the juvenile records to show they are to remain confidential has the legal effect of extinguishing the offense as if it never occurred.
(e) The records of a juvenile convicted under the criminal jurisdiction of the circuit court pursuant to 49-4-710(d)(1) of this code may not be marked and kept as confidential.
(f) Any person who willfully violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, or confined in jail for not more than six months, or both so fined and confined, and is liable for damages in the amount of $300 or actual damages, whichever is greater.
(g) Notwithstanding any other provision of this code, the records of a juvenile victim of sex trafficking within the meaning of 61-14-1
et seq
. of this code, may be immediately accessible to the juvenile victim upon written request to the circuit court in which a juvenile delinquency case was pending.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 5. Record Keeping and Database › §49-5-105. Juvenile Justice Database; Individual Records Confidential

The West Virginia Supreme Court of Appeals is responsible for collecting, compiling and disseminating information in the juvenile justice database. Notwithstanding any other provision of this code to the contrary, the court shall grant the Division of Justice and Community Services access to confidential juvenile records for the limited purpose of the collection and analysis of statistical data. However, the division shall keep the records confidential and not publish any information that would identify any individual juvenile.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 6. Missing Children Information Act › §49-6-101. Clearinghouse Function; State Police Requirements; Rule-Making

(a) The Missing Children Information Clearinghouse is established under the West Virginia State Police. The State Police:
(1) Shall provide for the administration of the clearinghouse; and
(2) May promulgate rules in accordance with article three, chapter twenty-nine-a of this code to carry out the provisions of this article.
(b) The clearinghouse is a central repository of information on missing children and shall be used by all law-enforcement agencies in this state.
(c) The clearinghouse shall:
(1) Establish a system of intrastate communication of information relating to missing children;
(2) Provide a centralized file for the exchange of information on missing children and unidentified bodies of children within the state;
(3) Communicate with the National Crime Information Center for the exchange of information on missing children suspected of interstate travel;
(4) Collect, process, maintain and disseminate accurate and complete information on missing children;
(5) Provide a statewide toll-free telephone line for the reporting of missing children and for receiving information on missing children;
(6) Disseminate to custodians, law-enforcement agencies, the state Department of Education, the Bureau for Children and Families and the general public information that explains how to prevent child abduction and what to do if a child becomes missing;
(7) Compile statistics relating to the incidence of missing children within the state;
(8) Provide training materials and technical assistance to law-enforcement agencies and social services agencies pertaining to missing children; and
(9) Establish a media protocol for disseminating information pertaining to missing children.
(d) The clearinghouse shall print and distribute posters, flyers and other forms of information containing descriptions of missing children.
(e) The State Police may accept public or private grants, gifts and donations to assist in carrying out the provisions of this article.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 6. Missing Children Information Act › §49-6-102. State Department of Education; Missing Children Program; Rule-Making

(a) The State Department of Education shall develop and administer a program for the location of missing children who may be enrolled in the West Virginia school system, including private schools, and for the reporting of children who may be missing or who may be unlawfully removed from schools.
(b) The program shall include the use of information received from the clearinghouse and shall be coordinated with the operations of the clearinghouse.
(c) The State Board of Education may promulgate rules in accordance with article three, chapter twenty-nine-a of this code for the operation of the program and shall require the participation of all school districts and state-accredited private schools in this state.