Rule 39 - Delinquency Disposition(a)Findings.(1) The dispositional order by the court shall contain written findings of fact to support the disposition and shall contain the following information: (A) why public safety and the best interest of the juvenile are served by the disposition ordered;(B) what alternative dispositions, if any, were recommended to the court and why such recommendations were not ordered; and(C) if the disposition changes the custody or placement of the juvenile:(i) the reasons why public safety and the best interest of the juvenile are not served by preserving the juvenile's present custody; and(ii) suitability of the placement, taking into account the program of the placement facility and assessment of the juvenile's actual needs. (b) Department of Health and Human Resources Custody. Upon a finding that a parent or custodian is not willing or able to take custody of the juvenile, that a juvenile is not willing to reside in the custody of a parent or custodian, or that a parent or custodian 41cannot provide the necessary supervision and care of the juvenile, the court may place the juvenile in the temporary custody of the DHHR. The order shall further find and state that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the DHHR made reasonable efforts to prevent the out-of-home placement or that the exigent circumstances leading to the delinquency adjudication made such efforts unreasonable or impossible.(c) Division of Juvenile Services Commitments. Upon a finding that the best interests of the juvenile or the welfare of the public require it, the court may commit the juvenile to the custody of the Director of the Division of Juvenile Services for placement in a juvenile services facility for the treatment, instruction, and rehabilitation of juveniles; provided, that the court maintains discretion to consider alternative dispositional arrangements. The order shall further find and state that continuation in the home is contrary to the best interest of the juvenile and why; and whether or not the DHHR made reasonable efforts to prevent out-ofhome placement or that the exigent circumstances leading to the delinquency adjudication made such efforts unreasonable or impossible. Commitments shall not exceed the maximum term for which an adult could have been sentenced for the same offense and any such maximum allowable commitment to be served in a juvenile services facility shall take into account any time served by the juvenile in a detention center pending adjudication, disposition, or transfer. (d)Financial Support. If the court places the juvenile in the custody of the DHHR or DJS, an appropriate order of financial support shall be imposed upon the parents or legal guardians. The circuit court shall make the determination and enter the order establishing a child support obligation, and any subsequent modification thereto, in accordance with West Virginia Code § 49-4-801, et seq., and the Guidelines for Child Support Awards found in West Virginia Code § 48-13-101, et seq. Copies of the child support orders shall be provided to the Department of Health and Human Resources, Bureau of Child Support Enforcement as set forht in W.Va. Code § 49-4-801(c). The Guidelines may be disregarded, or the calculation of a support obligation under the Guidelines may be adjusted, only if the court makes specific findings that use of the Guidelines is inappropriate. If there is a child support obligation relating to the juvenile imposed in a divorce or other family court proceeding, the circuit court order entered pursuant to this rule shall supersede the family court support order for the period the juvenile is in DHHR or DJS custody, or as otherwise specified by the circuit court.(e) Probation. Upon a finding that the juvenile is in need of extra-parental supervision: (1) place the juvenile under the supervision of a probation officer of the court while leaving the juvenile in the home; and(2) prescribe a program of treatment, therapy or limitations upon the juvenile's activities under reasonable terms which are within the juvenile's ability to perform, including any appropriate program of community service and restitution.(f) Removal of Case to Another County. At disposition or any time thereafter, if the juvenile resides in another county, the court, upon motion or sua sponte may determine that the best interests of the juvenile warrant removal of the case to the other county where the juvenile resides for dispositional supervision and quarterly reviews. Such removals in post-disposition matters are further governed by West Virginia Code § 56-9-1. If the case is removed to the juvenile's county of residence for dispositional supervision and review, the court shall direct the circuit clerk to send the file to the juvenile's home county within five days of the entry of the removal order.(g) Modification of Disposition. A dispositional order may be modified by the court in conformance with West Virginia Code § 49-4-718. If the modification sought is revocation of probation, Rule 46 shall apply.