W. Va. R. Juve. Proc. 27

As amended through January 31, 2024
Rule 27 - Commencement of Adjudication

Unless good cause is shown, specified in a written order:

(a) For a Juvenile in Detention. The adjudication shall be commenced within 30 days of the juvenile being placed in detention; provided, if the charges involve a right to a jury and there has been a jury demand by the juvenile, the adjudication shall be commenced no later than the next term of court.
(b) For a Juvenile Not in Detention. An adjudication shall be commenced within 60 days of the service of the petition upon the juvenile.
(c) Release. If the juvenile is detained and the adjudication has not commenced within the time periods specified in subparagraph (a), the juvenile shall be released subject to such nonmonetary release conditions as may be required by the court, and the adjudication shall thereafter commence within 60 days.
(d) Dismissal. The petition shall be dismissed without prejudice if the adjudication has not commenced within the time periods set forth in subparagraphs (b) or (c) above, whichever is applicable, and the court has not granted a continuance for good cause or an improvement period.
(e) Pre-Adjudicatory Community Supervision Period. If a pre-adjudicatory community supervision period has been granted, but revoked prior to a successful conclusion, the adjudication shall be commenced within 30 days of the revocation.
(f) Effect of Mistrial; Order for New Hearing. Upon a declaration of a mistrial, or an order of the circuit court or supreme court granting a new adjudication hearing, a status hearing shall be held within 15 days to schedule a new adjudication hearing in accordance with the time frames set forth in this rule.

W. Va. R. Juve. Proc. 27

Effective 1/1/2016.