Rule 15 - Domestic Violence Emergency Protective Orders as Juvenile Petitions(a)Emergency Protective Orders Treated as Juvenile Petitions. A domestic violence petitionfiled pursuant to West Virginia Code § 48-27-403 by or on behalf of the juvenile's parent, legalguardian or other person with whom the juvenile resides that results in the issuance of anemergency protective order naming the juvenile as the respondent shall be treated as a petitionarising under W.Va. Code § 49-4-701, et seq. , alleging the juvenile is a juvenile delinquent. Themagistrate court shall notify the prosecuting attorney within 24 hours of the issuance of theemergency protective order, and the prosecuting attorney may file an amended verified petitionwithin two judicial days, if desired. The appointment of a guardian ad litem and the family courthearing shall proceed; and any domestic violence order issued by the family court shall remain ineffect until the juvenile petition is addressed by order in the circuit court or the protective orderexpires under its own terms.(b) Notice to Department. If a law-enforcement official takes into custody a juvenile named as a respondent in an emergency protective order issued pursuant to West Virginia Code § 48-27-403 wherein the individual filing the domestic violence petition is the juvenile's parent or legal guardian or other person with whom the juvenile resides, upon presentment for a detention hearing the court shall immediately notify the department of health and human resources as required by West Virginia Code § 49-4-705(c)(3).(c) Presumption for Release. The court shall release the juvenile unless: (1) Circumstances present an immediate threat of serious bodily harm to the juvenile or others if released; or(2) No responsible adult can be found into whose custody the juvenile can be delivered. However, the detention order shall direct the custodial agency or facility: (i) to make a written record of all attempts to locate such a responsible adult;(ii) that this procedure must take place each day the juvenile is detained; and(iii) that the juvenile shall be returned to court forthwith if a responsible adult is found for the court's consideration of release of the juvenile to such adult.(d) Detention. A juvenile detained by reason of subparagraph (c)(1) or (2) above may only be detained in a nonsecure or staff-secure facility. Provided, if the court determines that serious physical violence is the basis for the emergency protective order or that a substantial and credible risk of bodily injury is present, the court may order the juvenile detained in a secure facility. If the juvenile is placed in a secure or staff-secure facility by a magistrate, the magistrate shall within 24 hours refer the matter to circuit court, and the court shall hold a detention review hearing pursuant to Rule 16 within three judicial days.(e) Less Restrictive Alternatives. In reaching the decision to detain a juvenile in a nonsecure or staff-secure facility, the magistrate or judge shall first consider all less restrictive alternatives, such as placement with a willing adult relative, and all reasonably ascertainable factors relevant to the permissible reasons for detention under subparagraph (c)(1) or (2) above.(f) Additional Findings Necessary for Removal. In any order requiring the removal of the juvenile from his or her home, the court shall find and state in its order: that continuation in the home is contrary to the welfare of the juvenile with specific findings as to why; and whether the department of health and human resources made reasonable efforts to prevent the out-of-home placement or that the emergency situation made such efforts unreasonable or impossible.(g) Bond. Should the juvenile be detained under this rule, release under bond may be addressed after the prosecuting attorney has been notified and given the opportunity to file an amended juvenile petition pursuant to West Virginia Code § 49-4-704(f).