West Virginia Code § 49-4-721

Rules governing juvenile facilities; rights of juveniles
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(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 sheall 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 articrles; 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 palrticipate 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 reaisonable 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.

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