W. Va. R. Juve. Proc. 40

As amended through January 31, 2024
Rule 40 - Investigations and Evaluations
(a) Generally. The court may order an investigation of the personal and family history and environment of the juvenile, and medical, psychological or chemical dependency evaluations of the juvenile:
(1) with the consent of the juvenile, juvenile's counsel, and the parents or legal guardians of the juvenile, before the charges in the petition have been proved; or
(2) at any time after the charges in the petition have been proved.
(b)Psychological Evaluation. The court, sua sponte or upon motion of counsel, may order a psychological examination of the juvenile prior to disposition. The report of the examination shall be made available to the court and parties no later than 72 hours before the dispositional hearing.
(c) Psychological and Medical Evaluation Pursuant to § 49-2-907.
(1)Period of Custody. The court may order, in aid of disposition, that the juvenile be taken into the custody of the Division of Juvenile Services to undergo a complete diagnostic evaluation and medical examination.
(2)Duration. The period of custody shall not exceed 30 days.
(3)Multidisciplinary Team. During the period the juvenile is in custody, the DJS shall convene a multidisciplinary team to aid in determining the appropriate recommended disposition for the juvenile. Within ten days after the end of the examination period, the multidisciplinary team shall submit a report to the court discussing the results and findings of the examinations, and the team's recommendations for the juvenile.
(d) Probation Officer Predisposition Reports. The probation officer assigned to the court shall, upon request of the court, make an investigation of the environment of the juvenile and the alternative dispositions possible. The report of such investigation shall not be made available to the court until after the adjudicatory hearing. The probation officer report shall file the predisposition report 72 hours prior to the time scheduled for the disposition hearing and provide copies of the report to the juvenile's counsel, the prosecuting attorney, and the parents or legal guardians of the juvenile; and when the court is considering placing the juvenile in DHHR custody or placing the juvenile out of home at DHHR expense, provide a copy to the local DHHR office.
(e) Advisory. When the court orders a predisposition investigation, the court shall advise the juvenile, the juvenile's counsel, the prosecuting attorney and the juvenile's parents or legal guardians that a predisposition investigation is being ordered, the nature of the evaluations to be included, and the date when the reports resulting from the investigation are to be filed with the court.

W. Va. R. Juve. Proc. 40

Effective 1/1/2016.