W. Va. R. Juve. Proc. 10

As amended through January 31, 2024
Rule 10 - Attendance at Hearings and Confidentiality
(a) Right to Attend Hearing. Juvenile court proceedings are closed to the public except as provided by law. Only the following may attend hearings:
(1) the juvenile, counsel for the juvenile, and any guardian ad litem appointed for the juvenile;
(2) any parent or legal guardian of the juvenile and their counsel;
(3) any spouse or child of the juvenile;
(4) the prosecuting attorney;
(5) other persons requested by the parties listed in (1) through (4) if approved by the court;
(6) any probation officer and department of health and human resources caseworker involved in the proceedings;
(7) in cases in which the juvenile is accused of committing what would be a felony if the juvenile were an adult, an alleged victim or his or her representative (and parents if the alleged victim is a juvenile) under such conditions approved by the court;
(8) other persons authorized by the court under a determination that such persons have a legitimate interest in the proceedings; and
(9) in cases transferred to adult criminal jurisdiction, once the transfer is ordered and any appeal of the transfer is upheld, further proceedings shall be open to the public.
(b) Presence Required.
(1)Juvenile. The juvenile shall have the right to be present at all hearings. The juvenile is deemed to waive the right to be present if the juvenile voluntarily and without justification is absent after the hearing has commenced or if the juvenile disrupts the proceedings. Disruption of the proceedings occurs if the juvenile, after warning by the court, engages in conduct which prevents the orderly procedure of the court. The court may use all methods of reasonable restraint necessary to conduct the proceedings in an orderly manner. If the juvenile is restrained or removed from the courtroom, the court shall state the reasons for the restraint or removal on the record.
(2)Counsel. Counsel for the juvenile shall be present at all hearings, unless waived by the juvenile for good cause on the record. The prosecuting attorney shall be present for all hearings unless excused by the court in its discretion.
(3)Adult Respondents. The parents or legal guardians of a juvenile who is the subject of a delinquency or status offense proceeding shall accompany the juvenile to all hearings unless excused by the court for good cause shown. If any such person fails to attend a hearing with the juvenile without adequate excuse, the court may issue a subpoena or hold the person in contempt. The court may proceed if it is in the best interests of the juvenile or the administration of justice to do so even if a parent, legal guardian or other custodian fails to appear.
(c) Right to Participate.
(1)Juvenile, Counsel, and Prosecuting Attorney. The juvenile, juvenile's counsel, and prosecuting attorney have the right to participate in all hearings.
(2)Guardian ad Litem. Any guardian ad litem appointed by the court has a right to participate and advocate for the best interests of the juvenile at all hearings.
(3)Generally. Persons represented by counsel, who have a right to participate, shall participate through their counsel. Unrepresented persons may participate on their own behalf.

W. Va. R. Juve. Proc. 10

Effective 1/1/2016.