Rule 19 - Pre-Adjudicatory Community Supervision Periods(a) Motion. At any time prior to adjudication, or in a time frame otherwise specified by the court, the juvenile may, before the circuit court, move for the allowance of a pre-adjudicatory community supervision period. If the court finds that the best interest of the juvenile is likely to be served by a pre-adjudicatory community supervision period, the court may delay the adjudicatory hearing and grant a pre-adjudicatory community supervision period. A motion for a pre-adjudicatory community supervision period, whether granted or denied, may not be construed as an admission or be used in evidence.(b) Duration and Terms. A pre-adjudicatory community supervision period may be granted for any period not exceeding one year. The terms of the pre-adjudicatory community supervision period, as determined by the court to address the treatment and rehabilitative needs of the juvenile, shall be set forth in a written order provided to the parties and counsel within 10 days of the hearing in which the motion was granted. In its discretion and based upon the particular circumstances, the court may direct that the juvenile be subject to the supervision of a probation officer during the pre-adjudicatory community supervision period; and may schedule the matter for interim judicial reviews. If the juvenile successfully completes the pre-adjudicatory community supervision period, the court shall dismiss the proceeding.(c) Services and Treatment. As part of the terms of the juvenile's pre-adjudicatory community supervision period, the court may direct the DHHR to provide services and treatment to address the rehabilitative needs of the juvenile and associated needs of his or her family.(d) Placement Out of Home. In appropriate cases, the court may place the juvenile in the custody of the department for out-of-home placement and treatment during all or part of the preadjudicatory community supervision period. If the juvenile is placed out of the home, the court shall find and state in the written order that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the department made reasonable efforts to prevent out-of-home placement or that exigent circumstances made such efforts unreasonable or impossible. Provided, pursuant to W.Va. Code § 49-4-712, a juvenile adjudicated solely as a status offender -who has no prior adjudication for a status or juvenile delinquency offense or no prior disposition to pre-adjudicatory community supervision or probation for the current matter - may not be placed in an out-of-home placement, excluding placement made for abuse and neglect, unless the court finds by clear and convincing evidence the existence of a significant and likely risk of harm to the juvenile, family member, or the public.
On or after January 1, 2016, a juvenile adjudicated solely as a status offender may not be placed in a Division of Juvenile Services Facility.
(e) Revocation. Upon a motion to revoke the pre-adjudicated community supervision period filed by the prosecuting attorney or probation officer, the court shall schedule a hearing upon the motion with notice to the parties and counsel. If the state proves to the court by clear and convincing evidence that the juvenile has committed a substantial violation of one or more terms of the preadjudicatory community supervision period, the court shall terminate the supervision period and schedule an adjudicatory hearing on the original petition, to commence within 30 days of the revocation.