W. Va. R. Juve. Proc. 16

As amended through January 31, 2024
Rule 16 - Review of Detention

The circuit court may schedule a review of pre-adjudicatory detention or placement consistent with the following:

(a) Request For Hearing. A review of detention or placement may be requested by the juvenile, juvenile's counsel, prosecuting attorney, DHHR, DJS, probation officer, or upon application of any person with an interest in the matter. If the court finds a reasonable basis exists for the request, a hearing shall be scheduled as soon as possible, and no later than three judicial days after the request. The court may also set a detention or placement review hearing on its own motion.
(b) Notice. The person requesting review shall make the request with notice to all parties and any agency with custody of the juvenile.
(c) Relevant Evidence. Subject to constitutional limitations and privileged communications, the court may admit any evidence, including reliable hearsay and opinion evidence, that is relevant to the decision regarding continued detention or placement of the juvenile.
(d) Continued Detention or Placement. The court may continue the detention or placement only if the court makes appropriate findings pursuant to Rule 13 or 14, whichever applies.

W. Va. R. Juve. Proc. 16

Effective 1/1/2016.