West Virginia Code § 49-4-711

Adjudication for alleged status offenders and delinquents; mandatory
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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 adjuduication; and (C) the
respondent in his or her admission has not set forth facts which constitute a defense to the
allegations. t
(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 thats 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 coide. The court shall receive and consider the
results of the needs assessment, as dgefined 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 Human Services for services, pursuant to §49-4-712
of this code, and order the department to report back to the court with regard to the
juvenile's 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:
ProWvided, 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.

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