W. Va. R. Juve. Proc. 45

As amended through January 31, 2024
Rule 45 - After-Care Planning
(a) Not less than two months prior to a juvenile being discharged from any facility or placement, the agency in whose custody the juvenile is placed shall notify the court of the date of anticipated discharge, and the court shall:
(1) Set the matter for hearing, to occur not less than 45 days before the juvenile is to be discharged, for consideration of an after-care plan.
(2) Require the state agency in whose custody the juvenile is placed, in conjunction with the MDT, to develop a written recommended after-care plan to the court, which recommendation shall at a minimum include the following:
(A) description of the juvenile's current placement and services;
(B) suggested services required to fully implement the juvenile's AfterCare Life Skills Plan, and identify the social worker/case manager assigned to supervise the services;
(C) identify possible sources of funding for the after-care plan; and
(D) recommendations for post-discharge judicial review.
(b) Copies of the recommended after-care plan shall, within 10 days after development, be provided to the court and to the juvenile's: parents or legal guardian, counsel, probation officer, and mental health center professional, if applicable; and to the prosecuting attorney and the principal of any school the juvenile will attend under the plan. Within 21 days, those persons provided the plan may submit written adverse comments or objections to the court, with copies to other persons who received a copy of the plan.
(c) If adverse comments or objections are received by the court, or the court has reason to question any aspect of the plan, it shall hold the hearing to consider the plan. Any person or agency having responsibilities in executing the plan is required to appear at the hearing unless excused by the court. Within 5 days of the hearing, the court shall make findings of fact and conclusions of law as to whether adoption of the recommended after-care plan is in the best interest of the juvenile, and consistent with purposes of these rules as stated in Rule 1(c), enter an appropriate order. If no adverse comments or objections are submitted and the court finds the plan acceptable, a hearing need not be held. The court shall consider the plan as submitted and shall, within 45 days of receiving the plan, issue an order adopting the plan.
(d) The court shall require the state agency having custody of the juvenile to provide additional or alternative plans if deemed necessary by the court.

W. Va. R. Juve. Proc. 45

Effective 1/1/2016.